Read the full stored bill text
House
File
799
-
Introduced
HOUSE
FILE
799
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
143)
A
BILL
FOR
An
Act
providing
for
programs
and
regulations
related
to
1
agriculture,
including
crop
production,
animal
health,
2
agricultural
processing,
and
agricultural
marketing,
3
providing
for
powers
and
duties
of
the
department
of
4
agriculture
and
land
stewardship,
providing
fees,
and
5
providing
penalties.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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799
DIVISION
I
1
CROP
PRODUCTION
2
PART
A
3
APPLICATION
OF
NUTRIENTS
4
Section
1.
Section
6A.21,
subsection
1,
paragraph
b,
Code
5
2025,
is
amended
to
read
as
follows:
6
b.
(1)
“Agricultural
land”
means
real
property
owned
by
7
a
person
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
8
lots
of
less
than
ten
acres
or
divided
by
streets
and
alleys
9
into
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
10
the
production
of
agricultural
commodities
during
three
out
11
of
the
past
five
years.
Such
use
of
property
includes
,
but
12
is
not
limited
to
,
the
raising,
harvesting,
handling,
drying,
13
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
14
care
or
feeding
of
livestock;
the
handling
or
transportation
15
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
of
16
livestock
manure;
and
the
application
of
fertilizers,
soil
17
conditioners
beneficial
substances
,
pesticides,
and
herbicides
18
on
crops.
Agricultural
land
19
(2)
“Agricultural
land”
includes
land
on
which
is
located
20
farm
residences
or
outbuildings
used
for
agricultural
purposes
21
and
land
on
which
is
located
facilities,
structures,
or
22
equipment
for
agricultural
purposes.
Agricultural
land
23
(3)
“Agricultural
land”
includes
land
taken
out
of
24
agricultural
production
for
purposes
of
environmental
25
protection
or
preservation.
26
Sec.
2.
Section
190C.22,
subsection
3,
paragraph
b,
Code
27
2025,
is
amended
to
read
as
follows:
28
b.
A
sworn
statement
by
the
state
chemist
bureau
chief
29
of
the
Iowa
laboratory
bureau
or
the
state
chemist’s
bureau
30
chief’s
deputy
stating
the
results
of
an
analysis
of
a
sample
31
taken
from
a
lot
of
agricultural
products
shall
constitute
32
prima
facie
evidence
of
the
correctness
of
the
analysis
of
that
33
lot
in
a
contested
case
proceeding
or
court
proceeding.
34
Sec.
3.
Section
200.3,
Code
2025,
is
amended
to
read
as
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follows:
1
200.3
Definitions
of
words
and
terms
.
2
When
As
used
in
this
chapter
,
unless
the
context
otherwise
3
requires
:
4
1.
“Ammonium
nitrate”
means
a
compound
that
is
chiefly
5
composed
of
ammonium
salt
of
nitric
acid
which
contains
not
6
less
than
thirty-three
percent
nitrogen,
one-half
of
which
is
7
in
the
ammonium
form
and
one-half
in
the
nitrate
form.
8
2.
The
term
“anhydrous
ammonia”
“Anhydrous
ammonia”
means
9
the
compound
formed
by
the
combination
of
two
gaseous
elements,
10
nitrogen
and
hydrogen,
in
the
proportion
of
one
part
nitrogen
11
to
three
parts
hydrogen
by
volume.
12
3.
“Anhydrous
ammonia
plant”
means
a
facility
used
for
13
the
manufacture
or
distribution
of
the
compound
formed
by
the
14
combination
of
two
gaseous
elements,
nitrogen
and
hydrogen,
in
15
the
proportion
of
one
part
nitrogen
to
three
parts
hydrogen
by
16
volume.
17
4.
“Beneficial
substance”
means
any
substance
or
compound,
18
other
than
primary,
secondary,
and
microplant
nutrients,
that
19
can
be
demonstrated
by
scientific
research
to
be
beneficial
to
20
one
or
more
species
of
plants,
soils,
or
media,
including
any
21
of
the
following:
22
a.
A
plant
amendment.
23
b.
A
plant
biostimulant.
24
c.
A
plant
inoculant.
25
d.
A
soil-amending
ingredient.
26
e.
A
soil-amending
ingredient
form.
27
f.
A
soil
amendment.
28
g.
A
soil
inoculant.
29
5.
The
term
“brand”
“Brand”
means
a
term,
design,
or
30
trademark
used
in
connection
with
one
or
several
grades
31
of
commercial
fertilizer
,
product
name,
or
other
specific
32
designation
under
which
a
individual
beneficial
substance
or
33
commercial
fertilizer
is
offered
for
sale
.
34
5.
The
term
“bulk
fertilizer”
shall
mean
commercial
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fertilizer
delivered
to
the
purchaser
in
the
solid,
liquid,
or
1
gaseous
state,
in
a
nonpackaged
form
to
which
a
label
cannot
2
be
attached.
3
6.
“Bulk”
means
in
a
nonpackaged
form
to
which
a
label
4
cannot
be
attached.
5
7.
The
term
“commercial
fertilizer”
“Commercial
6
fertilizer”
includes
fertilizer
and
fertilizer
materials
and
7
fertilizer-pesticide
mixtures.
8
7.
8.
“Department”
means
the
department
of
agriculture
and
9
land
stewardship.
10
9.
“Distribute”
means
to
import,
consign,
manufacture,
11
produce,
compound,
mix,
blend,
or
offer
for
sale,
sell,
barter,
12
or
otherwise
supply
a
commercial
fertilizer
or
beneficial
13
substance
in
this
state.
14
8.
10.
The
term
“distributor”
“Distributor”
means
15
any
person
who
imports,
consigns,
manufactures,
produces,
16
compounds,
mixes,
or
blends
commercial
fertilizer
,
or
who
17
offers
for
sale,
sells,
barters,
or
otherwise
distributes
,
a
18
commercial
fertilizer
or
beneficial
substance
in
this
state.
19
9.
11.
a.
“Established
date
of
operation”
means
the
date
on
20
which
an
anhydrous
ammonia
plant
commenced
operating.
21
b.
If
the
physical
facilities
of
the
plant
are
subsequently
22
expanded,
the
established
date
of
operation
for
each
expansion
23
is
deemed
to
be
a
separate
and
independent
“established
date
of
24
operation”
established
as
of
the
date
of
commencement
of
the
25
expanded
operations.
26
c.
The
commencement
of
expanded
operations
does
not
divest
27
the
plant
of
a
previously
established
date
of
operation.
28
10.
12.
“Established
date
of
ownership”
means
the
date
29
of
the
recording
of
an
appropriate
instrument
of
title
30
establishing
the
ownership
of
real
estate.
31
11.
13.
The
term
“fertilizer”
“Fertilizer”
means
any
32
substance
containing
one
or
more
recognized
plant
nutrient
33
which
is
nutrients
used
for
its
plant
nutrient
content
34
and
which
is
designed
for
use
and
claimed
to
have
value
35
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in
promoting
plant
growth
except
unmanipulated
animal
and
1
vegetable
manures
or
calcium
and
magnesium
carbonate
materials
2
used
primarily
for
correcting
soil
acidity.
3
12.
14.
The
term
“fertilizer
material”
“Fertilizer
material”
4
means
any
substance
used
as
a
fertilizer
or
for
compounding
5
a
fertilizer
containing
one
or
more
of
the
recognized
plant
6
nutrients
which
are
used
for
promoting
plant
growth
or
altering
7
plant
composition.
8
13.
15.
The
term
“grade”
“Grade”
means
the
percentages
9
of
total
nitrogen,
available
phosphorus
or
P
2
O
5
or
both,
and
10
soluble
potassium
or
K
2
O
or
both
stated
in
whole
numbers
in
same
11
terms,
order
,
and
percentages
as
in
the
“guaranteed
analysis”
12
guaranteed
analysis
.
13
14.
Guaranteed
analysis:
14
16.
a.
(1)
The
term
“guaranteed
analysis”
shall
mean
15
“Guaranteed
analysis”
means
the
minimum
percentage
of
plant
16
nutrients
claimed
and
reported
as
Total
Nitrogen
(N),
Available
17
Phosphorus
(P)
or
P
2
O
5
or
both,
Soluble
Potassium
(K)
or
K
2
O
or
18
both
and
in
the
following
form:
19
Total
Nitrogen
(N)
...
percent
20
Available
Phosphorus
(P)
or
P
2
O
5
or
both
...
percent
21
Soluble
Potassium
(K)
or
K
2
O
or
both
...
percent
22
(2)
Registration
and
guarantee
of
water
soluble
phosphorus
23
(P)
or
(P
2
O
5
)
shall
be
permitted.
24
b.
The
term
“guaranteed
analysis”
“Guaranteed
analysis”
,
25
in
the
form
specified
in
paragraph
“a”
,
includes
all
of
the
26
following
:
27
(1)
(a)
For
unacidulated
mineral
phosphatic
materials
and
28
basic
slag,
both
total
and
available
phosphorus
or
P
2
O
5
or
both
29
and
the
degree
of
fineness.
30
(b)
For
bone
tankage
and
other
organic
phosphatic
31
materials,
total
phosphorus
or
P
2
O
5
or
both.
32
(2)
When
any
additional
plant
nutrient
elements
contained
33
in
a
beneficial
substance
as
identified
in
subsection
10
34
of
this
section
,
are
claimed
in
writing,
they
shall
be
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identified
in
the
guarantee,
expressed
as
the
element,
and
1
shall
be
subject
to
inspection
and
analysis
in
accordance
with
2
the
methods
and
regulations
that
may
be
prescribed
by
the
3
association
of
official
agricultural
chemists.
4
17.
“Label”
means
the
display
of
all
written,
printed,
5
or
graphic
matter
upon
the
immediate
container
or
statement
6
accompanying
a
commercial
fertilizer
or
beneficial
substance.
7
18.
“Labeling”
means
the
advertising
or
promotion
of
any
8
commercial
fertilizer
or
beneficial
substance
including
but
9
not
limited
to
any
written,
printed,
graphic,
or
electronic
10
communication
used
in
promoting
the
sale
of
a
commercial
11
fertilizer
or
beneficial
substance.
12
15.
19.
“Licensee”
means
a
person
licensed
under
section
13
200.4
.
14
16.
20.
“Nuisance”
means
public
or
private
nuisance
as
15
defined
by
statute
or
by
the
common
law.
16
17.
21.
“Nuisance
action
or
proceeding”
means
an
action,
17
claim
or
proceeding
brought
at
law,
in
equity,
or
as
an
18
administrative
proceeding,
which
is
based
on
nuisance.
19
18.
22.
The
term
“official
sample”
“Official
sample”
means
20
any
sample
of
commercial
fertilizer
taken
by
the
secretary
or
21
the
secretary’s
agent.
22
19.
“Organic
agricultural
product”
means
the
same
as
defined
23
in
section
190C.1
.
24
20.
23.
“Owner”
means
the
person
holding
record
title
to
25
real
estate,
and
includes
both
legal
and
equitable
interest
26
under
recorded
real
estate
contracts.
27
21.
24.
The
term
“percent
or
percentage”
“Percent”
or
28
“percentage”
means
the
percentage
by
weight.
29
22.
25.
The
term
“person”
“Person”
includes
an
individual,
30
or
a
type
of
partnership,
limited
liability
company,
31
corporation,
or
association,
firm,
and
corporation
formed
or
32
organized
to
do
business
in
this
state
or
authorized
to
do
or
33
transact
business
in
this
state
.
34
23.
26.
The
term
“pesticide”
as
used
in
this
chapter
35
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means
“Pesticide”
includes
insecticides,
miticides,
nemacides,
1
fungicides,
herbicides
,
and
any
other
substance
used
in
pest
2
control.
3
27.
“Plant
amendment”
means
any
substance
applied
to
4
a
plant
seed
which
is
intended
to
improve
growth,
yield,
5
product
quality,
reproduction,
flavor,
or
other
favorable
6
characteristics
of
a
plant
except
a
fertilizer,
soil
amendment,
7
agricultural
liming
material,
animal
manure,
vegetable
manure,
8
pesticide,
plant
regulator,
or
other
material
which
may
be
9
exempted
by
regulation.
10
28.
“Plant
biostimulant”
means
a
substance,
microorganism,
11
or
mixture
thereof,
that,
when
applied
to
a
seed,
plant,
the
12
rhizosphere,
soil,
or
other
growth
media,
acts
to
support
13
a
plant’s
natural
nutrition
processes
independently
of
14
the
biostimulant’s
nutrient
content
and
improves
nutrient
15
availability,
uptake,
or
use
efficiency,
tolerance
to
abiotic
16
stress,
and
consequent
growth,
development,
quality,
or
yield.
17
29.
“Plant
inoculant”
means
a
product
consisting
of
18
microorganisms
to
be
applied
to
the
plant
or
soil
for
the
19
purpose
of
enhancing
the
availability
or
uptake
of
plant
20
nutrients
through
the
root
system.
21
24.
30.
“Secretary”
means
the
secretary
of
agriculture.
22
25.
31.
The
term
“sell”
“Sell”
or
“sale”
includes
exchange.
23
26.
32.
A
“soil
conditioner”
is
“Soil
amendment”
means
any
24
substance
which
when
added
to
the
soil
or
applied
to
plants
25
will
produce
a
favorable
growth,
yield
or
quality
of
crop
26
or
soil
flora
or
fauna
or
other
soil
characteristics,
other
27
than
or
a
mixture
of
substances
which
is
intended
to
improve
28
the
physical,
chemical,
biochemical,
biological,
or
other
29
characteristic
of
the
soil,
except
a
fertilizer,
recognized
30
pesticide
agricultural
liming
material
,
unmanipulated
animal
31
and
manure,
unmanipulated
vegetable
manures
or
calcium
and
32
magnesium
carbonate
materials
used
primarily
for
correcting
33
soil
acidity
manure,
pesticide,
or
any
other
material
exempted
34
by
regulation
.
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33.
“Soil
inoculant”
means
a
microbial
product
that
is
1
applied
to
colonize
the
soil
to
benefit
the
soil
chemistry,
2
biology,
or
structure.
3
34.
“Soil-amending
ingredient”
means
any
substance
which
4
when
applied
to
soil
will
improve
the
physical,
chemical,
5
biochemical,
biological,
or
other
characteristics
of
the
soil.
6
35.
“Soil-amending
ingredient
form”
means
the
chemical
7
compound,
such
as
salt,
chelate,
oxide,
or
acid,
of
an
8
ingredient
or
the
physical
form
of
an
ingredient.
9
27.
36.
A
“specialty
fertilizer”
is
“Specialty
fertilizer”
10
means
a
commercial
fertilizer
distributed
primarily
for
11
nonfarm
use,
such
as
home
gardens,
lawns,
shrubbery,
flowers,
12
golf
courses,
municipal
parks,
cemeteries,
greenhouses
,
and
13
nurseries
,
and
may
include
commercial
fertilizers
used
for
14
research
or
experimental
purposes.
15
28.
37.
The
term
“ton”
“Ton”
means
a
net
weight
of
two
16
thousand
pounds
avoirdupois.
17
29.
38.
a.
The
term
“unmanipulated
manures”
“Unmanipulated
18
manures”
means
any
substances
composed
primarily
of
excreta,
19
plant
remains,
or
mixtures
of
such
substances
which
have
not
20
been
processed
in
any
manner
other
than
dewatering.
21
b.
“Unmanipulated
manures”
includes
unmanipulated
animal
22
manure
or
unmanipulated
vegetable
manure.
23
30.
Words
importing
the
singular
number
may
extend
and
be
24
applied
to
several
persons
or
things,
and
words
importing
the
25
plural
number
may
include
the
singular.
26
Sec.
4.
Section
200.4,
Code
2025,
is
amended
to
read
as
27
follows:
28
200.4
License
——
fee
and
expiration
——
mixture
requirement
.
29
1.
Any
person
who
manufactures,
mixes,
blends,
mixes
to
30
customer’s
order,
offers
for
sale,
sells,
or
distributes
any
31
fertilizer
or
soil
conditioner
beneficial
substance
in
this
32
state
must
first
obtain
a
license
issued
by
the
secretary
and
33
pay
a
twenty
dollar
license
fee
for
each
place
of
manufacture
34
or
distribution
from
which
fertilizer
or
soil
conditioner
35
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47
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799
beneficial
substance
products
are
sold
or
distributed
in
this
1
state.
The
license
shall
expire
on
July
1
of
the
even-numbered
2
year
following
the
date
the
license
is
issued.
A
license
may
3
be
renewed
for
a
two-year
period
as
provided
by
the
department.
4
2.
The
licensee
shall
at
all
times
produce
an
intimate
5
and
uniform
mixture
of
fertilizers
or
soil
conditioners
6
beneficial
substances
.
When
two
or
more
fertilizer
materials
7
are
delivered
in
the
same
load,
they
shall
be
thoroughly
and
8
uniformly
mixed
unless
they
are
in
separate
compartments.
9
Sec.
5.
Section
200.5,
Code
2025,
is
amended
to
read
as
10
follows:
11
200.5
Registration.
12
1.
Each
brand
and
grade
of
commercial
fertilizer
and
each
13
soil
conditioner
beneficial
substance
shall
be
registered
14
before
being
offered
for
sale,
sold
,
or
otherwise
distributed
15
in
this
state;
except
that
a
commercial
fertilizer
formulated
16
according
to
special
specifications
furnished
by
a
consumer
17
to
fill
the
consumer’s
order
shall
not
be
required
to
be
18
registered,
but
shall
be
labeled
as
provided
in
section
200.6,
19
subsection
3
1,
paragraph
“c”
.
The
application
for
registration
20
shall
be
submitted
to
the
secretary
on
forms
furnished
by
the
21
secretary
and
shall
be
accompanied
by
a
label
setting
forth
the
22
guaranteed
analysis
which
shall
be
the
same
as
that
appearing
23
on
the
registered
product.
24
2.
All
A
registration
will
shall
be
permanent,
provided,
25
however,
that
the
secretary
may
request
a
listing
of
products
26
to
be
currently
manufactured.
The
application
shall
include
27
the
following
information
in
the
following
order:
28
a.
Net
weight,
if
sold
in
packaged
form.
29
b.
Name
and
address
of
the
registrant.
30
c.
Name
of
product.
31
d.
Brand.
32
e.
Grade
,
if
the
product
contains
a
recognized
plant
food
.
33
f.
Guaranteed
analysis.
34
3.
In
addition
to
the
information
required
in
subsection
35
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2
of
this
section
,
applications
an
application
for
the
1
registration
of
soil
conditioners
a
beneficial
substance
must
2
include
the
name
or
chemical
designation
and
percentage
of
3
content
of
each
of
the
active
ingredients.
Each
microbial
4
organism
ingredient
must
be
identified
with
species
and
genus
5
in
colony-forming
units
per
gram
for
a
dry
product
or
per
6
milliliter
for
a
liquid
product.
Another
unit
of
quantity
7
may
be
acceptable
if
an
accurate
and
verifiable
guarantee
is
8
presented.
9
4.
The
secretary
is
authorized
,
after
public
hearing,
10
following
due
notice,
to
adopt
rules
under
chapter
17A
11
regulating
the
labeling
and
registration
of
specialty
12
commercial
fertilizers
and
other
fertilizer
products
beneficial
13
substances
,
when
necessary
in
the
secretary’s
opinion.
The
14
secretary
may
require
any
reasonable
information
in
addition
15
to
section
200.3,
subsection
14
16
,
which
is
necessary
and
16
useful
to
the
purchasers
of
specialty
fertilizers
commercial
17
fertilizers
and
beneficial
substances
of
this
state
and
to
18
promote
uniformity
among
states.
19
5.
The
secretary
is
authorized
after
public
hearing,
20
following
due
notice,
to
establish
adopt
rules
under
chapter
21
17A
establishing
minimum
acceptable
levels
of
trace
and
22
secondary
elements
components
recognized
as
effective
to
aid
23
crops
produced
in
Iowa
this
state
and
to
require
such
warning
24
statements
as
may
be
deemed
necessary
to
prevent
injury
to
25
crops
or
for
user
safety
.
26
6.
The
secretary,
whenever
the
secretary
deems
it
necessary
27
in
the
administration
of
this
chapter
,
may
require
the
28
submission
of
additional
data
about
any
article,
including
a
29
fertilizer
,
beneficial
substance,
or
other
product
regulated
30
under
this
chapter
to
support
the
claims
made
for
it.
If
it
31
appears
to
the
secretary
that
the
composition
of
the
article
is
32
such
as
to
warrant
the
claims
made
for
it,
and
if
the
article,
33
its
labeling
and
other
material
required
to
be
submitted,
34
comply
with
the
requirements
of
this
chapter
,
the
secretary
35
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799
shall
register
the
product.
1
7.
If
it
does
not
appear
to
the
secretary
that
the
article
2
is
such
as
to
warrant
the
proposed
claims
for
it,
or
if
the
3
article
and
its
labeling
and
other
material
required
to
be
4
submitted
does
do
not
comply
with
the
a
provision
of
this
5
chapter
,
the
secretary
shall
notify
the
registrant
of
the
6
manner
in
which
the
article,
labeling,
or
other
material
7
required
to
be
submitted
fails
to
comply
with
this
chapter
8
so
as
to
afford
the
registrant
an
opportunity
to
make
the
9
necessary
corrections
before
resubmitting
the
label.
10
8.
It
shall
be
the
responsibility
of
the
registrant
to
11
submit
satisfactory
evidence
of
favorable
effects
and
safety
12
of
the
product.
13
9.
The
secretary
shall
establish
minimum
requirements
14
for
the
registration
of
fertilizers
and
soil
conditioners
15
beneficial
substances
by
efficacy
testing
or
the
substantiation
16
of
data
relevant
to
Iowa
this
state’s
crops
and
soils.
17
10.
A
distributor
shall
not
be
required
to
register
18
any
brand
and
grade
of
commercial
fertilizer
or
beneficial
19
substance
which
is
already
registered
under
this
chapter
by
20
another
person.
21
11.
The
advisory
committee
created
in
section
206.23
shall
22
advise
and
assist
the
secretary
on
the
registration
of
a
23
product
of
commercial
fertilizer
or
soil
conditioner
under
the
24
provisions
of
this
chapter
.
25
Sec.
6.
Section
200.6,
Code
2025,
is
amended
to
read
as
26
follows:
27
200.6
Labeling.
28
1.
a.
Any
commercial
fertilizer
offered
for
sale
or
sold
or
29
distributed
in
this
state
in
bags
,
or
other
containers
,
shall
30
have
placed
on
or
affixed
to
the
container
in
legibly
written
31
or
printed
form,
the
information
required
by
section
200.5
,
32
subsection
2
;
,
either
on
tags
affixed
to
the
end
of
the
package
33
or
directly
on
the
package.
34
2.
b.
If
distributed
in
bulk,
the
a
shipment
of
commercial
35
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799
fertilizer
must
be
accompanied
by
a
written
or
printed
1
statement
giving
the
purchaser’s
name
and
address
in
addition
2
to
the
labeling
requirement
set
forth
in
section
200.5
,
3
subsection
2
.
4
3.
c.
A
commercial
fertilizer
formulated
according
to
5
specifications
which
are
furnished
by
a
consumer
prior
to
6
mixing
shall
be
labeled
to
show
the
net
weight,
guaranteed
7
analysis,
and
the
name
and
address
of
the
distributor
and
8
may
show
the
net
weight
and
guaranteed
analysis
of
each
of
9
the
fertilizer
materials
or
soil
conditioners
used.
It
is
10
the
responsibility
of
the
distributor
to
mix
these
materials
11
uniformly
and
intimately
so
that
when
sampled
in
the
prescribed
12
manner
the
resulting
analysis
would
meet
the
guarantee.
13
4.
d.
All
bulk
bins
or
intermediate
storage
of
bulk
14
commercial
fertilizer
where
being
offered
for
sale
or
15
distributed
direct
to
the
consumer
shall
be
labeled
showing
16
brand,
name
,
and
grade
of
product.
17
5.
e.
All
fertilizers
distributed
or
stored
in
bulk,
unless
18
in
the
manufacturers
authorized
containers,
shall
be
labeled
as
19
the
responsibility
of
the
possessor.
20
6.
2.
Soil
conditioners
A
beneficial
substance
shall
be
21
labeled
in
accordance
with
subsection
1
of
this
section
and
22
in
addition
shall
show
the
name
or
chemical
designation
and
23
content
or
the
active
ingredients.
24
Sec.
7.
Section
200.8,
Code
2025,
is
amended
to
read
as
25
follows:
26
200.8
Inspection
fees.
27
1.
a.
There
shall
be
paid
by
the
licensee
to
the
secretary
28
for
all
any
commercial
fertilizers
and
soil
conditioners
29
fertilizer
or
beneficial
substance
sold
,
or
distributed
in
this
30
state,
an
inspection
fee
to
be
fixed
annually
by
the
secretary
31
of
agriculture
at
not
more
than
twenty
cents
per
ton.
Sales
32
The
sale
of
a
commercial
fertilizer
or
beneficial
substance
33
for
manufacturing
purposes
only
are
hereby
is
exempted
from
34
fees
an
inspection
fee
but
must
still
be
reported
showing
35
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1411HV
(1)
91
da/ns
11/
47
H.F.
799
the
manufacturer
who
purchased
same
it
.
Payment
of
said
the
1
inspection
fee
by
any
licensee
shall
exempt
all
other
persons,
2
firms
,
or
corporations
from
the
payment
thereof.
3
b.
On
an
individual
packages
package
of
specialty
a
4
commercial
fertilizer
or
beneficial
substance
containing
5
twenty-five
pounds
or
less,
there
shall
be
paid
by
the
6
manufacturer
in
lieu
of
the
semiannual
inspection
fee
as
set
7
forth
in
this
chapter
,
an
annual
registration
and
inspection
8
fee
of
one
hundred
dollars
for
each
brand
and
grade
sold
or
9
distributed
in
the
state.
In
the
event
that
any
manufacturer
10
sells
specialty
a
commercial
fertilizer
or
beneficial
substance
11
in
packages
a
package
of
twenty-five
pounds
or
less
and
also
12
in
packages
a
package
of
more
than
twenty-five
pounds,
this
13
annual
registration
and
inspection
fee
shall
apply
only
to
that
14
portion
sold
in
packages
a
package
of
twenty-five
pounds
or
15
less,
and
that
portion
sold
in
packages
a
package
of
more
than
16
twenty-five
pounds
shall
be
subject
to
the
same
inspection
fee
17
as
fixed
by
the
secretary
of
agriculture
as
provided
in
this
18
chapter
.
19
c.
Any
person
other
than
a
manufacturer
who
annually
offers
20
for
sale,
sells,
or
distributes
specialty
fertilizer
in
the
21
amount
of
four
thousand
pounds
or
more
or
applies
specialty
22
fertilizer
for
compensation
shall
pay
an
annual
inspection
fee
23
of
thirty
dollars
in
lieu
of
the
semiannual
inspection
fee
as
24
set
forth
in
this
chapter
.
25
2.
Every
person
who
is
a
licensee
and
any
person
required
26
to
pay
an
annual
registration
and
inspection
fee
under
this
27
chapter
in
this
state
shall
do
all
of
the
following
:
28
a.
File
not
later
than
the
last
day
of
January
and
29
July
of
each
year,
on
forms
furnished
by
the
secretary,
a
30
semiannual
statement
setting
forth
the
number
of
net
tons
of
31
commercial
fertilizer
or
soil
conditioners
beneficial
substance
32
distributed
in
this
state
by
grade
for
each
county
during
the
33
preceding
six-month
period
;
and
upon
.
Upon
filing
such
the
34
semiannual
statement
,
the
person
shall
pay
the
inspection
fee
35
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1411HV
(1)
91
da/ns
12/
47
H.F.
799
at
the
rate
stated
in
subsection
1
.
However,
in
lieu
of
the
1
semiannual
statement
by
grade
for
each
county,
on
individual
2
packages
of
specialty
fertilizer
containing
twenty-five
pounds
3
or
less
of
commercial
fertilizer
,
the
registrant
shall
file
4
not
later
than
the
last
day
of
July
of
each
year,
on
forms
5
furnished
by
the
secretary,
an
annual
statement
setting
forth
6
the
number
of
net
tons
of
specialty
commercial
fertilizer
7
distributed
in
this
state
by
grade
during
the
preceding
8
twelve-month
period.
9
b.
If
the
tonnage
report
is
not
filed
or
the
payment
of
10
inspection
fees,
or
both,
is
not
made
within
ten
days
after
11
the
last
day
of
January
and
July
of
each
year
as
required
in
12
paragraph
“a”
of
this
subsection
,
a
penalty
amounting
to
ten
13
percent
of
the
amount
due,
if
any,
shall
be
assessed
against
14
the
licensee.
In
any
case,
the
penalty
shall
be
no
less
than
15
fifty
dollars.
The
amount
of
fees
due,
if
any,
and
penalty
16
shall
constitute
a
debt
and
become
the
basis
of
a
judgment
17
against
the
licensee.
18
3.
If
there
is
an
unencumbered
balance
of
funds
from
the
19
amount
of
the
fees
deposited
in
the
general
fund
pursuant
to
20
sections
200.9
and
201A.11
on
June
30
of
any
fiscal
year
equal
21
to
or
exceeding
three
hundred
fifty
thousand
dollars,
the
22
secretary
of
agriculture
shall
reduce
the
per
ton
fee
provided
23
for
in
subsection
1
and
the
annual
license
fee
established
24
pursuant
to
section
201A.3
for
the
next
fiscal
year
in
such
25
amount
as
will
result
in
an
ending
estimated
balance
of
such
26
funds
for
June
30
of
the
next
fiscal
year
of
three
hundred
27
fifty
thousand
dollars.
28
4.
3.
In
addition
to
the
fees
imposed
under
subsection
29
1
,
a
groundwater
protection
fee
shall
be
imposed
upon
30
nitrogen-based
fertilizer.
The
fee
shall
be
based
upon
the
31
percentage
of
actual
nitrogen
contained
in
the
product.
An
32
eighty-two
percent
nitrogen
solution
shall
be
taxed
at
a
rate
33
of
seventy-five
cents
per
ton.
Other
nitrogen-based
product
34
formulations
shall
be
taxed
on
the
percentage
of
actual
35
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799
nitrogen
contained
in
the
formulations
with
the
eighty-two
1
percent
nitrogen
solution
serving
as
the
base.
The
fee
2
shall
be
paid
by
each
licensee
registering
to
sell
fertilizer
3
to
the
secretary
of
agriculture.
The
fees
collected
shall
4
be
deposited
in
the
agriculture
management
account
of
the
5
groundwater
protection
fund.
The
secretary
of
agriculture
6
shall
adopt
rules
for
the
payment,
filing,
and
collection
of
7
groundwater
protection
fees
from
licensees
in
conjunction
8
with
the
collection
of
registration
and
inspection
fees.
The
9
secretary
shall,
by
rule,
allow
an
exemption
to
the
payment
10
of
this
fee
for
fertilizers
which
contain
trace
amounts
of
11
nitrogen.
12
Sec.
8.
Section
200.10,
Code
2025,
is
amended
to
read
as
13
follows:
14
200.10
Inspection,
sampling,
and
analysis.
15
1.
It
shall
be
the
duty
of
the
secretary,
who
may
act
16
through
an
authorized
agent,
to
sample,
inspect,
make
analysis
17
of,
and
test
commercial
fertilizers
or
soil
conditioners
18
beneficial
substances
distributed
within
this
state
at
time
19
and
place
and
to
such
an
extent
as
the
secretary
may
deem
20
necessary,
to
determine
whether
such
commercial
fertilizers
and
21
soil
conditioners
or
beneficial
substances
are
in
compliance
22
with
the
provisions
of
this
chapter
.
In
the
performance
of
23
the
foregoing
duty,
the
secretary
shall
counsel
may
consult
24
with
the
director
of
the
Iowa
agricultural
experimental
station
25
in
respect
to
the
time,
place
,
and
extent
of
sampling.
The
26
secretary
acting
individually
or
through
an
agent
is
authorized
27
to
enter
upon
any
public
or
private
premises
or
conveyances
28
during
regular
business
hours
in
order
to
have
access
to
29
a
commercial
fertilizers
fertilizer
or
soil
conditioners
30
beneficial
substance
subject
to
the
provisions
of
this
chapter
31
and
the
rules
and
regulations
pertaining
thereto
including
in
32
rules
adopted
by
the
department
under
this
chapter
.
It
shall
33
be
the
duty
of
the
The
secretary
to
shall
maintain
a
laboratory
34
with
the
necessary
equipment
and
to
employ
such
employees
35
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as
may
be
necessary
to
aid
assist
in
the
administration
and
1
enforcement
of
this
chapter
.
2
2.
a.
The
methods
of
sampling
and
analysis
shall
be
the
3
official
methods
of
the
association
of
official
agricultural
4
chemists
in
all
cases
where
methods
have
been
adopted
by
the
5
association.
6
b.
The
findings
of
the
state
chemist
or
the
state
chemist’s
7
bureau
chief
of
the
Iowa
laboratory
bureau,
or
the
bureau
8
chief’s
deputy,
as
shown
by
the
sworn
statement
of
the
results
9
of
analysis
of
official
samples
of
any
brand
and
grade
of
10
commercial
fertilizer,
fertilizer
material
,
or
soil
conditioner
11
beneficial
substance
,
shall
constitute
prima
facie
evidence
of
12
their
its
correctness
in
the
courts
of
this
state,
as
to
the
13
particular
lots
sampled
and
analyzed.
14
3.
The
secretary,
in
determining
for
administrative
15
purposes
whether
any
commercial
fertilizer
is
deficient
in
16
plant
food,
or
soil
conditioner
beneficial
substance
deficient
17
in
guaranteed
active
ingredients,
shall
be
guided
by
the
18
official
sample
as
defined
in
section
200.3,
subsection
18
22
,
19
and
obtained
and
analyzed
as
provided
for
in
subsection
2
of
20
this
section
.
21
4.
The
results
of
official
analysis
of
any
commercial
22
fertilizer
or
soil
conditioner
beneficial
substance
which
23
has
been
found
to
be
in
violation
of
any
provision
of
this
24
chapter
,
shall
be
forwarded
by
the
secretary
to
the
registrant.
25
Upon
request,
the
secretary
shall
furnish
to
the
registrant
a
26
portion
of
any
sample.
27
Sec.
9.
Section
200.11,
Code
2025,
is
amended
to
read
as
28
follows:
29
200.11
Filler
material
Item
that
is
injurious
or
filler
.
30
It
shall
be
unlawful
for
any
person
to
A
person
shall
31
not
manufacture,
offer
for
sale
,
or
sell
in
this
state,
any
32
commercial
fertilizer
,
or
soil
conditioner
beneficial
substance
33
containing
any
substance
used
as
a
filler
item
that
is
34
injurious
to
crop
growth
or
deleterious
to
the
soil,
or
to
use
35
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in
such
commercial
fertilizer
,
or
soil
conditioner
beneficial
1
substance
as
a
filler
any
substance
item
that
contains
inert
or
2
useless
plant
food
material
for
the
purpose
or
with
the
effect
3
of
deceiving
or
defrauding
the
purchaser.
4
Sec.
10.
Section
200.12,
Code
2025,
is
amended
to
read
as
5
follows:
6
200.12
False
or
misleading
statements.
7
A
commercial
fertilizer
or
soil
conditioner
beneficial
8
substance
is
misbranded
if
it
does
not
identify
substances
9
items
promoting
plant
growth
as
defined
in
section
200.3,
10
subsection
11
,
or
if
it
carries
any
false
or
misleading
11
statement
upon
or
attached
to
the
container
or
stated
on
12
the
invoice
or
delivery
ticket,
or
if
the
container
or
on
13
the
invoice
or
delivery
ticket
or
in
any
advertising
matter
14
whatsoever
connected
with,
accompanying
,
or
associated
with
the
15
commercial
fertilizer
or
soil
conditioner
beneficial
substance
.
16
Further,
the
burden
of
proof
of
the
desirable
effect
of
the
17
product
commercial
fertilizer
or
beneficial
substance
on
plant
18
growth
shall
be
the
responsibility
of
the
registrant.
19
Sec.
11.
Section
200.14,
Code
2025,
is
amended
to
read
as
20
follows:
21
200.14
Rules.
22
1.
a.
The
department
may
adopt
rules
pursuant
to
chapter
23
17A
providing
minimum
general
safety
standards
for
the
24
design,
construction,
location,
installation,
and
operation
25
of
equipment
for
storage,
handling,
transportation
by
tank
26
truck
or
tank
trailer,
and
utilization
of
fertilizers
and
soil
27
conditioners
a
fertilizer
or
beneficial
substance
.
28
b.
The
rules
shall
be
such
as
are
reasonably
necessary
29
for
the
protection
and
safety
of
the
public
and
persons
using
30
fertilizers
or
soil
conditioners
a
fertilizer
or
beneficial
31
substance
,
and
shall
be
in
substantial
conformity
with
the
32
generally
accepted
standards
of
safety.
33
c.
Fertilizer
and
soil
conditioner
or
beneficial
substance
34
equipment
shall
be
installed
and
maintained
in
a
safe
35
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operating
condition
and
in
conformity
with
rules
adopted
by
the
1
department.
2
2.
The
department
may
adopt
such
reasonable
rules
as
may
3
be
necessary
in
order
to
carry
into
effect
the
purpose,
and
to
4
secure
the
efficient
administration,
of
this
chapter
.
5
3.
This
chapter
does
not
prohibit
the
use
of
storage
6
tanks
smaller
than
transporting
tanks
nor
the
transfer
of
all
7
kinds
any
kind
of
fertilizers
fertilizer
or
soil
conditioners
8
beneficial
substance
directly
from
transporting
tanks
to
9
implements
of
husbandry,
if
proper
safety
precautions
are
10
observed.
11
4.
Rules
adopted
to
implement
this
chapter
are
not
subject
12
to
section
17A.7,
subsection
2
or
3
.
13
Sec.
12.
Section
200.15,
Code
2025,
is
amended
to
read
as
14
follows:
15
200.15
Refusal
to
register
or
cancellation
of
registration
16
and
licenses.
17
1.
Upon
satisfactory
evidence
that
the
registrant
or
18
licensee
has
used
fraudulent
or
deceptive
practices
or
has
19
willfully
violated
any
provisions
of
this
chapter
or
any
20
rules
and
regulations
promulgated
adopted
under
this
chapter
,
21
the
secretary
is
authorized
and
empowered
to
do
any
of
the
22
following:
23
a.
Cancel
the
registration
of
any
product
of
commercial
24
fertilizer
or
soil
conditioner
beneficial
substance
or
license.
25
b.
Refuse
to
register
any
product
of
commercial
fertilizer
26
or
soil
conditioner
beneficial
substance
.
27
c.
Refuse
to
license
any
applicant.
28
2.
However,
a
A
registration
or
license
shall
not
be
revoked
29
or
refused
until
the
registrant
or
licensee
has
been
given
the
30
opportunity
to
appear
for
a
hearing
by
the
secretary.
31
Sec.
13.
Section
200.16,
Code
2025,
is
amended
to
read
as
32
follows:
33
200.16
“Stop
sale”
orders.
34
The
secretary
may
issue
and
enforce
a
written
or
printed
35
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“stop
sale,
use
or
removal”
order
to
the
owner
or
custodian
of
1
any
lot
of
commercial
fertilizer
or
soil
conditioner
beneficial
2
substance
,
if
the
secretary
finds
the
commercial
fertilizer
3
or
soil
conditioner
beneficial
substance
is
being
offered
or
4
exposed
for
sale
in
violation
of
any
of
the
provisions
of
5
this
chapter
or
including
any
of
the
rules
and
regulations
6
promulgated
rule
adopted
under
this
chapter
.
The
secretary
may
7
hold
the
commercial
fertilizer
or
soil
conditioner
beneficial
8
substance
at
a
designated
place
until
the
law
has
been
complied
9
with
and
the
commercial
fertilizer
or
soil
conditioner
10
beneficial
substance
is
released
in
writing
by
the
secretary,
11
or
the
violation
has
been
otherwise
legally
disposed
of
by
12
written
authority,
and
all
costs
and
expenses
incurred
in
13
connection
with
the
withdrawal
have
been
paid.
14
Sec.
14.
Section
200.17,
Code
2025,
is
amended
to
read
as
15
follows:
16
200.17
Seizure,
condemnation,
and
sale.
17
Any
lot
of
commercial
fertilizer
or
soil
conditioner
18
beneficial
substance
not
in
compliance
with
the
provisions
19
of
this
chapter
shall
be
subject
to
seizure
on
complaint
of
20
the
secretary
to
a
court
of
competent
jurisdiction
in
the
21
county
or
adjoining
county
in
which
the
commercial
fertilizer
22
or
soil
conditioner
beneficial
substance
is
located.
In
23
the
event
the
court
finds
the
commercial
fertilizer
or
soil
24
conditioner
beneficial
substance
to
be
in
violation
of
this
25
chapter
and
orders
or
an
order
for
the
condemnation
of
the
26
commercial
fertilizer
or
soil
conditioner
beneficial
substance
,
27
it
the
commercial
fertilizer
or
beneficial
substance
shall
be
28
disposed
of
in
any
manner
consistent
with
the
quality
of
the
29
commercial
fertilizer
or
soil
conditioner
beneficial
substance
30
and
the
laws
of
the
state.
However,
in
no
instance
shall
the
31
disposition
of
the
commercial
fertilizer
or
soil
conditioner
32
beneficial
substance
shall
not
be
ordered
by
the
court
without
33
first
giving
the
claimant
an
opportunity
to
apply
to
the
court
34
for
release
of
the
commercial
fertilizer
or
soil
conditioner
35
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beneficial
substance
or
for
permission
to
reprocess
or
relabel
1
the
commercial
fertilizer
or
soil
conditioner
beneficial
2
substance
to
bring
it
into
compliance
with
this
chapter
.
3
Sec.
15.
Section
200.18,
subsection
1,
Code
2025,
is
amended
4
to
read
as
follows:
5
1.
If
it
shall
appear
from
the
examination
of
any
commercial
6
fertilizer
or
soil
conditioner
beneficial
substance
or
any
7
anhydrous
ammonia
installation,
equipment,
or
operation
that
8
any
of
the
provisions
a
provision
of
this
chapter
or
the
rules
9
and
regulations
issued
,
including
any
rule
adopted
under
this
10
chapter
,
have
been
violated,
the
secretary
shall
cause
notice
11
of
the
violations
to
be
given
to
the
registrant,
distributor,
12
or
possessor
from
whom
said
sample
was
taken
;
any
.
The
person
13
so
notified
shall
be
given
opportunity
to
be
heard
under
such
14
rules
and
regulations
as
may
be
prescribed
by
the
secretary.
15
If
it
appears
after
such
hearing,
either
in
the
presence
or
16
absence
of
the
person
so
notified,
that
any
of
the
provisions
17
provision
of
this
chapter
or
rules
and
regulations
issued
,
18
including
a
rule
adopted
under
this
chapter
have
,
has
been
19
violated,
the
secretary
may
certify
the
facts
to
the
proper
20
prosecuting
attorney.
21
Sec.
16.
Section
200.19,
Code
2025,
is
amended
to
read
as
22
follows:
23
200.19
Exchanges
between
manufacturers.
24
Nothing
in
this
chapter
shall
be
construed
to
restrict
or
25
avoid
sales
or
exchanges
of
commercial
fertilizers
or
soil
26
conditioners
beneficial
substances
to
each
other
by
importers,
27
manufacturers,
or
manipulators
who
mix
fertilizer
materials
for
28
sale
or
as
preventing
the
free
and
unrestricted
shipments
of
29
commercial
fertilizer
or
soil
conditioner
to
manufacturers
or
30
manipulators
who
have
registered
their
brands
as
required
by
31
the
provisions
of
this
chapter
.
32
Sec.
17.
Section
200.20,
subsection
2,
Code
2025,
is
amended
33
to
read
as
follows:
34
2.
Subsection
1
shall
does
not
apply
to
any
of
the
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following:
1
a.
A
specialty
fertilizer.
2
b.
A
fertilizer
designed
to
be
applied
and
ordinarily
3
applied
directly
to
growing
plant
foliage
to
stimulate
further
4
growth.
5
c.
Compost
materials
to
be
applied
on
land,
if
any
of
the
6
following
apply:
7
(1)
The
land
is
being
used
to
produce
an
agricultural
8
commodity
that
is
an
organic
agricultural
product
as
provided
9
in
chapter
190C
,
including
rules
adopted
by
the
department
10
under
that
chapter.
11
(2)
The
land
is
in
the
transition
of
being
used
to
produce
12
an
agricultural
commodity
that
is
an
organic
agricultural
13
product,
pursuant
to
rules
adopted
by
the
department
as
14
provided
in
chapter
190C
.
15
Sec.
18.
Section
200.22,
subsection
2,
Code
2025,
is
amended
16
to
read
as
follows:
17
2.
The
provisions
of
this
chapter
and
rules
adopted
by
18
the
department
pursuant
to
this
chapter
shall
preempt
local
19
legislation
adopted
by
a
local
governmental
entity
relating
to
20
the
use,
sale,
distribution,
storage,
transportation,
disposal,
21
formulation,
labeling,
registration,
or
manufacture
of
a
22
fertilizer
or
soil
conditioner
beneficial
substance
.
A
local
23
governmental
entity
shall
not
adopt
or
continue
in
effect
local
24
legislation
relating
to
the
use,
sale,
distribution,
storage,
25
transportation,
disposal,
formulation,
labeling,
registration,
26
or
manufacture
of
a
fertilizer
or
soil
conditioner
beneficial
27
substance
,
regardless
of
whether
a
statute
or
rule
adopted
28
by
the
department
applies
to
preempt
the
local
legislation.
29
Local
legislation
in
violation
of
this
section
is
void
and
30
unenforceable.
31
Sec.
19.
Section
200A.2,
Code
2025,
is
amended
to
read
as
32
follows:
33
200A.2
Purpose.
34
The
purpose
of
this
chapter
is
to
regulate
certain
bulk
35
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dry
animal
manure
for
use
as
a
fertilizer
or
soil
conditioner
1
beneficial
substance
,
which
is
unmanipulated
and
therefore
not
2
subject
to
regulation
under
chapter
200
.
3
Sec.
20.
Section
202.1,
subsection
12,
Code
2025,
is
amended
4
to
read
as
follows:
5
12.
“Produce”
means
to
do
any
of
the
following:
6
a.
Provide
feed
or
services
relating
to
as
part
of
the
7
livestock’s
care
and
feeding
of
livestock
.
If
the
livestock
is
8
dairy
cattle,
“produce”
includes
milking
the
dairy
cattle
and
9
storing
raw
milk
at
the
contract
producer’s
contract
livestock
10
facility.
11
b.
Provide
for
planting,
raising,
harvesting,
and
storing
12
a
crop.
“Produce”
includes
preparing
the
soil
for
planting
13
and
nurturing
the
crop
by
the
application
of
fertilizers
a
14
fertilizer
or
soil
conditioners
beneficial
substance
as
defined
15
in
section
200.3
or
pesticides
a
pesticide
as
defined
in
16
section
206.2
.
17
Sec.
21.
Section
206.12,
subsection
1,
paragraph
a,
Code
18
2025,
is
amended
to
read
as
follows:
19
a.
For
the
purpose
of
this
chapter
,
fertilizers
a
fertilizer
20
in
a
mixed
fertilizer-pesticide
formulations
formulation
or
21
a
beneficial
substance
in
a
beneficial
substance-pesticide
22
formulation
shall
be
considered
as
an
inert
ingredients
23
ingredient
.
24
Sec.
22.
Section
321.1,
subsection
1,
Code
2025,
is
amended
25
to
read
as
follows:
26
1.
a.
“Agricultural
hazardous
material”
means
a
hazardous
27
material,
other
than
hazardous
waste,
whose
end
use
directly
28
supports
the
production
of
an
agricultural
commodity,
29
including
,
but
not
limited
to
,
a
fertilizer,
pesticide,
soil
30
conditioner
beneficial
substance
,
or
fuel.
31
b.
“Agricultural
hazardous
material”
is
limited
to
material
32
in
class
3,
8,
or
9,
division
2.1,
2.2,
5.1,
or
6.1,
or
an
ORM-D
33
material
as
defined
in
49
C.F.R.
§171.8
.
34
Sec.
23.
Section
403.17,
subsection
3,
Code
2025,
is
amended
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to
read
as
follows:
1
3.
a.
“Agricultural
land”
means
real
property
owned
by
a
2
person
in
tracts
of
ten
acres
or
more
and
not
laid
off
into
3
lots
of
less
than
ten
acres
or
divided
by
streets
and
alleys
4
into
parcels
of
less
than
ten
acres,
and
that
has
been
used
for
5
the
production
of
agricultural
commodities
during
three
out
6
of
the
past
five
years.
Such
use
of
property
includes,
but
7
is
not
limited
to,
the
raising,
harvesting,
handling,
drying,
8
or
storage
of
crops
used
for
feed,
food,
seed,
or
fiber;
the
9
care
or
feeding
of
livestock;
the
handling
or
transportation
10
of
crops
or
livestock;
the
storage,
treatment,
or
disposal
of
11
livestock
manure;
and
the
application
of
fertilizers,
soil
12
conditioners
beneficial
substances
,
pesticides,
and
herbicides
13
on
crops.
Agricultural
land
14
b.
“Agricultural
land”
includes
land
on
which
is
located
15
farm
residences
or
outbuildings
used
for
agricultural
purposes
16
and
land
on
which
is
located
facilities,
structures,
or
17
equipment
for
agricultural
purposes.
Agricultural
land
18
c.
“Agricultural
land”
includes
land
taken
out
of
19
agricultural
production
for
purposes
of
environmental
20
protection
or
preservation.
21
Sec.
24.
Section
455B.411,
subsection
3,
paragraph
b,
22
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
23
(1)
Agricultural
wastes,
including
manures
and
crop
24
residues
that
are
returned
to
the
soil
as
fertilizers
or
soil
25
conditioners
beneficial
substances
.
26
Sec.
25.
Section
455E.11,
subsection
2,
paragraph
b,
27
unnumbered
paragraph
1,
Code
2025,
is
amended
to
read
as
28
follows:
29
An
agriculture
management
account.
Moneys
collected
from
30
the
groundwater
protection
fee
levied
pursuant
to
section
31
200.8,
subsection
4
3
,
the
portion
of
the
fees
collected
32
pursuant
to
section
206.8,
subsection
2
,
and
section
206.12,
33
subsection
3
,
and
other
moneys
designated
for
the
purpose
of
34
agriculture
management
shall
be
deposited
in
the
agriculture
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management
account.
The
agriculture
management
account
shall
1
be
used
for
the
following
purposes:
2
Sec.
26.
Section
579B.1,
subsection
14,
paragraph
b,
Code
3
2025,
is
amended
to
read
as
follows:
4
b.
Provide
for
planting,
raising,
harvesting,
and
storing
5
a
crop.
“Produce”
includes
preparing
the
soil
for
planting
6
and
nurturing
the
crop
by
the
application
of
fertilizers
a
7
fertilizer
or
soil
conditioners
beneficial
substance
as
defined
8
in
section
200.3
or
pesticides
a
pesticide
as
defined
in
9
section
206.2
.
10
Sec.
27.
Section
716.11,
subsection
2,
Code
2025,
is
amended
11
to
read
as
follows:
12
2.
a.
“Critical
infrastructure
sabotage”
means
an
13
unauthorized
and
overt
act
intended
to
cause
and
having
the
14
means
to
cause,
and
in
substantial
furtherance
of
causing,
a
15
substantial
and
widespread
interruption
or
impairment
of
a
16
fundamental
service
rendered
by
the
critical
infrastructure.
17
However,
“critical
infrastructure
sabotage”
18
b.
“Critical
infrastructure
sabotage”
does
not
include
19
an
accidental
interruption
or
impairment
of
service
to
the
20
critical
infrastructure
caused
by
a
person
in
the
performance
21
of
the
person’s
work
duties
or
caused
by
a
person’s
lawful
22
activity.
In
addition,
“critical
infrastructure
sabotage”
does
23
not
include
any
condition
or
activity
related
to
the
production
24
of
farm
products
as
defined
in
section
554.9102
,
including
25
but
not
limited
to
the
discharge
of
agricultural
stormwater;
26
the
construction
or
use
of
soil
or
water
quality
conservation
27
practices
or
structures;
the
preparation
of
agricultural
land
28
and
the
raising,
harvesting,
drying,
or
storage
of
agricultural
29
crops;
the
application
of
a
fertilizer
or
beneficial
substance
30
as
defined
in
section
200.3
,
pesticides
a
pesticide
as
defined
31
in
section
206.2
,
or
manure
as
defined
in
section
459.102
;
the
32
installation
and
use
of
agricultural
drainage
tile
and
systems;
33
the
construction,
operation,
or
management
of
an
animal
feeding
34
operation
as
defined
in
section
459.102
;
and
the
care,
feeding,
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or
watering
of
livestock.
1
PART
B
2
APPLICATION
OF
PESTICIDES
——
CERTIFICATION
3
Sec.
28.
Section
206.5,
subsection
7,
paragraph
b,
4
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
5
(1)
The
department
shall
may
adopt
by
rule
criteria
for
6
allowing
a
person
required
to
be
certified
to
complete
either
7
a
written
or
oral
examination.
8
DIVISION
II
9
ANIMAL
HEALTH
10
PART
A
11
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
DISEASES
AFFLICTING
ANIMALS
12
Sec.
29.
Section
163.1,
subsection
1,
Code
2025,
is
amended
13
by
striking
the
subsection.
14
Sec.
30.
Section
163.1,
subsection
3,
Code
2025,
is
amended
15
to
read
as
follows:
16
3.
Determine
and
employ
the
most
efficient
and
practical
17
means
for
the
identification
and
control
of
an
infectious
or
18
contagious
disease
afflicting
animals
that
may
threaten
or
19
actually
threatens
animals
in
this
state
.
20
Sec.
31.
NEW
SECTION
.
163.2B
Rules.
21
1.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
22
to
administer
and
enforce
this
chapter.
23
2.
If
the
department
determines
that
rules
described
in
24
subsection
1
are
required
to
be
adopted
and
take
effect
on
25
an
emergency
basis
to
prevent
or
control
the
outbreak
of
an
26
infectious
or
contagious
disease
afflicting
animals,
the
27
department
may
adopt
emergency
rules
under
section
17A.4,
28
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
“b”
,
29
to
administer
and
enforce
this
chapter.
The
rules
shall
be
30
effective
immediately
upon
filing
unless
a
later
date
is
31
specified
in
the
rules.
Any
rules
adopted
in
accordance
with
32
this
subsection
shall
also
be
published
as
a
notice
of
intended
33
action
as
provided
in
section
17A.4.
34
Sec.
32.
CODE
EDITOR
DIRECTIVE.
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1.
The
Code
editor
is
directed
to
make
the
following
1
transfers:
2
a.
Section
163.2A
to
section
163.3.
3
b.
Section
163.2B
to
section
163.2A.
4
2.
The
Code
editor
shall
correct
internal
references
in
the
5
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
6
enactment
of
this
section.
7
Sec.
33.
DIRECTIONS
TO
CODE
EDITOR.
The
Code
editor
is
8
directed
to
arrange
the
provisions
of
chapter
163,
subchapter
9
I,
parts
1
and
2,
as
amended
or
enacted
in
this
division
of
this
10
Act,
into
the
following
parts:
11
1.
Part
1,
including
sections
163.1
through
163.2A.
12
2.
Part
2,
including
sections
163.3
through
163.5.
13
PART
B
14
PRACTICE
OF
VETERINARY
MEDICINE
15
Sec.
34.
Section
169.5,
subsection
9,
Code
2025,
is
amended
16
to
read
as
follows:
17
9.
A
person
who
provides
veterinary
medical
services,
18
owns
a
veterinary
clinic,
or
practices
in
this
state
shall
19
obtain
a
certificate
from
the
board
and
be
subject
to
the
same
20
standards
of
conduct,
as
provided
in
this
chapter
and
rules
21
adopted
by
the
board,
as
apply
to
a
licensed
veterinarian,
22
unless
the
board
determines
that
the
same
standards
of
23
conduct
are
inapplicable.
The
board
shall
issue,
renew,
or
24
deny
a
certificate;
adopt
rules
relating
to
the
standards
of
25
conduct;
and
take
disciplinary
action
against
the
person,
26
including
suspension
or
revocation
of
a
certificate,
in
27
accordance
with
the
procedures
established
in
section
169.14
.
28
Certification
fees
shall
be
established
by
the
board
pursuant
29
to
subsection
7
,
paragraph
“j”
.
Fees
Certification
fees
30
shall
be
established
in
an
amount
sufficient
to
fully
offset
31
the
costs
of
certification
pursuant
to
this
subsection
.
F
or
32
the
fiscal
year
beginning
July
1,
2001,
and
ending
June
30,
33
2002,
the
department
shall
retain
fees
collected
to
administer
34
the
program
of
certifying
veterinary
clinics
and
the
fees
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retained
are
appropriated
to
the
department
for
the
purposes
1
of
this
subsection
.
For
the
fiscal
year
beginning
July
1,
2
2001,
and
ending
June
30,
2002,
notwithstanding
section
8.33
,
3
fees
which
remain
unexpended
at
the
end
of
the
fiscal
year
4
shall
not
revert
to
the
general
fund
of
the
state
but
shall
be
5
available
for
use
for
the
following
fiscal
year
to
administer
6
the
program.
For
the
fiscal
year
beginning
July
1,
2002,
and
7
succeeding
fiscal
years,
certification
Certification
fees
8
shall
be
deposited
in
the
general
fund
of
the
state
and
are
9
appropriated
to
the
department
to
administer
the
certification
10
provisions
of
this
subsection
.
This
subsection
shall
not
11
apply
to
an
animal
shelter,
as
defined
in
section
162.2
,
that
12
provides
veterinary
medical
services
to
animals
in
the
custody
13
of
the
shelter.
14
Sec.
35.
Section
169.13,
Code
2025,
is
amended
to
read
as
15
follows:
16
169.13
Discipline
of
licensees.
17
1.
The
board
of
veterinary
medicine,
after
due
notice
and
18
hearing,
may
revoke
or
suspend
a
license
to
practice
veterinary
19
medicine
take
disciplinary
action
against
a
licensee
if
it
20
determines
that
a
veterinarian
licensed
to
practice
veterinary
21
medicine
is
guilty
of
violating
any
of
the
following
acts
or
22
offenses:
grounds
for
discipline
in
this
section.
23
2.
The
board
is
authorized
to
discipline
licensees
in
any
24
of
the
following
ways:
25
a.
Impose
a
civil
penalty
against
the
licensee
in
an
amount
26
not
to
exceed
ten
thousand
dollars.
If
the
board
imposes
a
27
civil
penalty,
all
of
the
following
apply:
28
(1)
The
collection
of
the
civil
penalty
may
be
enforced
in
29
a
civil
action
brought
by
the
attorney
general
on
behalf
of
the
30
board.
31
(2)
Moneys
collected
in
civil
penalties
shall
be
deposited
32
in
the
general
fund
of
the
state.
33
b.
Revoke
or
suspend
a
license
to
practice
veterinary
34
medicine.
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3.
Any
of
the
following
actions
or
offenses
constitutes
1
grounds
for
discipline:
2
a.
Knowingly
making
a
misleading,
deceptive,
untrue,
or
3
fraudulent
representation
in
the
practice
of
the
profession.
4
b.
Being
convicted
of
a
felony
in
the
courts
a
court
of
5
this
state
or
another
state,
territory,
or
country.
Conviction
6
as
used
in
this
paragraph
includes
a
conviction
of
an
offense
7
which
if
committed
in
this
state
would
be
deemed
a
felony
8
without
regard
to
its
designation
elsewhere,
or
a
criminal
9
proceeding
in
which
a
finding
or
verdict
of
guilt
is
made
or
10
returned,
but
the
adjudication
or
guilt
is
either
withheld
or
11
not
entered.
A
certified
copy
of
the
final
order
or
judgment
12
of
conviction
or
plea
of
guilty
in
this
state
or
in
another
13
state
is
conclusive
evidence.
14
c.
Violating
a
statute
or
law
of
this
state,
another
state,
15
or
the
United
States,
without
regard
to
its
designation
as
16
either
felony
or
misdemeanor,
which
if
the
statute
or
law
17
relates
to
the
practice
of
veterinary
medicine.
18
d.
Having
the
person’s
license
to
practice
veterinary
19
medicine
revoked
or
suspended,
or
having
other
disciplinary
20
action
taken
by
a
licensing
authority
of
another
state,
21
territory,
or
country.
A
certified
copy
of
the
record
or
22
order
of
the
suspension,
revocation,
or
disciplinary
action
is
23
conclusive
or
prima
facie
evidence.
24
e.
Knowingly
aiding,
assisting,
procuring,
or
advising
a
25
person
to
unlawfully
practice
veterinary
medicine.
26
f.
Being
adjudged
mentally
incompetent
by
a
court
of
27
competent
jurisdiction.
The
adjudication
shall
automatically
28
suspend
a
license
for
the
duration
of
the
license
unless
the
29
board
orders
otherwise.
30
g.
Being
guilty
of
a
willful
or
repeated
departure
from,
or
31
the
a
failure
to
conform
to,
the
minimal
standard
of
acceptable
32
and
prevailing
practice
of
veterinary
medicine
as
defined
in
33
rules
adopted
by
the
board,
in
which
proceeding
actual
injury
34
to
an
animal
need
not
be
established;
or
the
committing
by
a
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veterinarian
of
an
act
contrary
to
honesty,
justice,
or
good
1
morals,
whether
the
act
is
committed
in
the
course
of
the
2
practice
or
otherwise,
and
whether
committed
within
or
without
3
this
state.
4
h.
Inability
Demonstrating
an
inability
to
practice
5
veterinary
medicine
with
reasonable
skill
and
safety
by
reason
6
of
illness,
drunkenness,
excessive
use
of
drugs,
narcotics,
7
chemicals,
or
other
type
of
material
or
as
a
result
of
a
mental
8
or
physical
condition.
9
i.
Willful
Having
willfully
or
repeated
violation
of
10
repeatedly
violated
lawful
rules
adopted
by
the
board
or
11
violation
of
a
lawful
order
of
the
board,
previously
entered
by
12
the
board
in
a
disciplinary
hearing.
13
2.
4.
a.
The
board,
upon
probable
cause,
may
compel
a
14
veterinarian
to
submit
to
a
mental
or
physical
examination
by
15
designated
physicians.
Failure
of
a
veterinarian
to
submit
to
16
an
examination
constitutes
an
admission
to
the
allegations
made
17
against
that
veterinarian
and
the
finding
of
fact
and
decision
18
of
the
board
may
be
entered
without
the
taking
of
testimony
19
or
presentation
of
evidence.
At
reasonable
intervals,
a
20
veterinarian
shall
be
afforded
an
opportunity
to
demonstrate
21
that
the
veterinarian
can
resume
the
competent
practice
22
of
veterinary
medicine
with
reasonable
skill
and
safety
to
23
animals.
24
b.
A
person
licensed
to
practice
veterinary
medicine
who
25
makes
application
applies
for
the
renewal
of
the
person’s
26
license
as
required
by
section
169.12
gives
consent
to
27
submit
to
a
mental
or
physical
examination
as
provided
by
28
this
paragraph
when
directed
in
writing
by
the
board.
All
29
objections
shall
be
waived
as
to
the
admissibility
of
the
30
examining
physician’s
testimony
or
examination
reports
on
31
the
grounds
that
they
constitute
privileged
communication.
32
The
medical
testimony
or
examination
reports
shall
not
33
be
used
against
a
veterinarian
in
another
proceeding
and
34
are
confidential
except
for
other
actions
filed
against
a
35
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799
veterinarian
to
revoke
or
suspend
that
person’s
license.
1
PART
C
2
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
IN
IMMEDIATE
NEED
OF
3
SUSTENANCE
4
Sec.
36.
Section
717.4A,
Code
2025,
is
amended
to
read
as
5
follows:
6
717.4A
Livestock
in
immediate
need
of
sustenance
——
livestock
7
remediation
fund.
8
The
department
may
utilize
the
moneys
deposited
into
the
9
livestock
remediation
fund
pursuant
to
section
459.501
to
pay
10
for
any
expenses
associated
with
providing
sustenance
to
or
11
the
disposition
of
the
livestock
pursuant
to
a
court
order
12
entered
pursuant
to
section
717.3
or
717.5
.
The
department
13
shall
utilize
moneys
from
the
fund
only
to
the
extent
that
the
14
department
determines
that
expenses
cannot
be
timely
paid
by
15
utilizing
the
available
provisions
of
sections
717.4
and
717.5
.
16
The
department
shall
deposit
any
unexpended
and
unobligated
17
moneys
in
the
fund.
The
department
shall
pay
to
the
fund
the
18
proceeds
from
the
disposition
of
the
livestock
and
associated
19
products
less
expenses
incurred
by
the
department
in
providing
20
for
the
sustenance
and
disposition
of
the
livestock,
as
21
provided
in
section
717.5
If
there
are
proceeds
remaining
after
22
the
disposition
of
the
livestock
or
associated
products
and
23
satisfaction
of
the
department’s
expenses,
and
the
department
24
has
utilized
moneys
from
the
livestock
remediation
fund,
the
25
department
shall
repay
the
fund
from
the
proceeds
.
26
Sec.
37.
Section
717.5,
subsection
1,
Code
2025,
is
amended
27
by
adding
the
following
new
paragraph:
28
NEW
PARAGRAPH
.
d.
If
the
court
orders
the
disposition
of
29
the
livestock
that
involves
the
livestock’s
sale
or
transfer,
30
the
order
shall
be
deemed
as
occurring
by
a
receiver
appointed
31
pursuant
to
section
680.4.
32
Sec.
38.
Section
717.5,
subsection
3,
Code
2025,
is
amended
33
by
adding
the
following
new
paragraph:
34
NEW
PARAGRAPH
.
d.
If
any
moneys
remain
after
satisfying
the
35
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costs
of
the
local
authority
or
department,
such
moneys
shall
1
be
distributed
pursuant
to
the
process
and
priorities
contained
2
in
chapter
680.
3
DIVISION
III
4
AGRICULTURAL
PROCESSING
5
Sec.
39.
NEW
SECTION
.
189A.1A
Objective.
6
1.
It
is
the
objective
of
this
chapter
to
provide
for
meat
7
and
poultry
products
inspection
programs
that
will
impose
and
8
enforce
requirements
with
respect
to
intrastate
operations
9
and
commerce
that
are
at
least
equal
to
those
imposed
and
10
enforced
under
the
federal
Meat
Inspection
Act
and
the
federal
11
Poultry
Products
Inspection
Act
with
respect
to
operations
and
12
transactions
in
interstate
commerce.
13
2.
The
secretary
is
directed
to
administer
this
chapter
14
so
as
to
accomplish
this
objective.
The
bureau
chief
of
the
15
meat
and
poultry
inspection
bureau
shall
be
designated
as
the
16
secretary’s
delegate
to
be
the
appropriate
state
official
to
17
cooperate
with
the
secretary
of
agriculture
of
the
United
18
States
in
administration
of
this
chapter.
19
Sec.
40.
Section
189A.2,
Code
2025,
is
amended
by
adding
the
20
following
new
subsections:
21
NEW
SUBSECTION
.
5A.
“Department”
means
the
department
of
22
agriculture
and
land
stewardship.
23
NEW
SUBSECTION
.
29A.
“Secretary”
means
the
secretary
of
24
agriculture.
25
Sec.
41.
Section
189A.3,
Code
2025,
is
amended
to
read
as
26
follows:
27
189A.3
License
——
fee.
28
1.
a.
A
person
shall
not
operate
an
establishment
without
29
first
obtaining
a
license
from
the
department.
30
b.
Paragraph
“a”
does
not
apply
to
any
of
the
following:
31
(1)
A
food
establishment
as
defined
in
section
137F.1
.
32
(2)
A
home
food
processing
establishment
as
defined
in
33
section
137D.1.
34
(2)
(3)
A
person
who
slaughters,
processes,
or
prepares
35
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47
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799
livestock
or
poultry
of
the
person’s
own
raising,
exclusively
1
for
the
person’s
household,
nonpaying
guests,
or
nonpaying
2
employees.
3
2.
a.
The
license
fee
for
each
establishment
per
year
or
4
any
part
of
a
year
shall
be
as
follows
:
5
a.
(1)
For
all
meat
and
poultry
slaughtered
or
otherwise
6
prepared
not
exceeding
twenty
thousand
pounds
per
year
for
7
sale,
resale,
or
custom,
twenty-five
fifty
dollars.
8
b.
(2)
For
all
meat
and
poultry
slaughtered
or
otherwise
9
prepared
in
excess
of
twenty
thousand
pounds
per
year
for
sale,
10
resale,
or
custom,
fifty
one
hundred
dollars.
11
b.
A
license
fee
collected
by
the
department
shall
be
12
retained
by
the
department
as
appropriated
receipts
for
13
administration
of
this
chapter.
14
3.
a.
The
moneys
shall
be
deposited
with
the
department.
15
The
A
license
year
shall
be
from
July
1
to
June
30
shall
expire
16
on
July
1
of
each
odd-numbered
year
.
Applications
17
b.
An
application
for
licenses
a
license
shall
be
in
writing
18
on
forms
a
form
prescribed
by
the
department.
19
4.
It
is
the
objective
of
this
chapter
to
provide
for
meat
20
and
poultry
products
inspection
programs
that
will
impose
and
21
enforce
requirements
with
respect
to
intrastate
operations
22
and
commerce
that
are
at
least
equal
to
those
imposed
and
23
enforced
under
the
federal
Meat
Inspection
Act
and
the
federal
24
Poultry
Products
Inspection
Act
with
respect
to
operations
25
and
transactions
in
interstate
commerce;
and
the
secretary
26
is
directed
to
administer
this
chapter
so
as
to
accomplish
27
this
purpose.
A
director
of
the
meat
and
poultry
inspection
28
service
shall
be
designated
as
the
secretary’s
delegate
to
be
29
the
appropriate
state
official
to
cooperate
with
the
secretary
30
of
agriculture
of
the
United
States
in
administration
of
this
31
chapter
.
32
Sec.
42.
Section
189A.4,
subsection
1,
unnumbered
paragraph
33
1,
Code
2025,
is
amended
to
read
as
follows:
34
In
order
to
accomplish
the
objectives
objective
of
this
35
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chapter
,
the
secretary
may
exempt
the
following
types
of
1
operations
from
inspection:
2
Sec.
43.
Section
189A.5,
subsection
2,
unnumbered
paragraph
3
1,
Code
2025,
is
amended
to
read
as
follows:
4
In
order
to
accomplish
the
objectives
objective
stated
5
in
section
189A.3
189A.1A,
the
secretary
shall
do
any
of
the
6
following
:
7
Sec.
44.
Section
189A.7,
unnumbered
paragraph
1,
Code
2025,
8
is
amended
to
read
as
follows:
9
In
order
to
accomplish
the
objective
stated
in
section
10
189A.3
189A.1A,
the
secretary
may
do
any
of
the
following
:
11
DIVISION
IV
12
MARKETING
OF
GRAIN
AND
INDEMNIFICATION
OF
LOSSES
13
Sec.
45.
Section
203.12,
subsection
1,
Code
2025,
is
amended
14
to
read
as
follows:
15
1.
Upon
the
cessation
of
a
grain
dealer
license
by
16
revocation,
cancellation,
or
expiration,
any
claim
for
the
17
purchase
price
of
grain
against
the
grain
dealer
shall
be
made
18
in
writing
and
filed
with
the
grain
dealer
and
with
the
issuer
19
of
a
deficiency
bond
or
of
an
irrevocable
letter
of
credit
20
and
with
the
department
within
one
hundred
twenty
days
after
21
the
date
of
the
cessation.
A
failure
to
make
this
timely
22
claim
relieves
the
issuer
and
the
grain
depositors
and
sellers
23
indemnity
fund
provided
in
chapter
203D
section
203D.6
or
24
203D.6A
of
all
obligations
to
the
claimant.
25
Sec.
46.
Section
203C.14,
subsection
2,
paragraph
a,
Code
26
2025,
is
amended
to
read
as
follows:
27
a.
Upon
the
cessation
of
a
warehouse
operator’s
license
due
28
to
revocation,
cancellation,
or
expiration,
a
claim
against
the
29
warehouse
operator
arising
under
this
chapter
shall
be
made
in
30
writing
with
the
warehouse
operator,
with
the
issuer
of
a
bond
31
on
agricultural
products
other
than
bulk
grain,
a
deficiency
32
bond,
or
an
irrevocable
letter
of
credit,
and,
if
the
claim
33
relates
to
bulk
grain,
with
the
department.
The
claim
must
34
be
made
within
one
hundred
twenty
days
after
the
cessation
35
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47
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799
of
the
license.
The
failure
to
make
a
timely
claim
relieves
1
the
issuer
and,
if
the
claim
relates
to
bulk
grain,
the
grain
2
depositors
and
sellers
indemnity
fund
provided
in
chapter
203D
3
section
203D.6
or
203D.6A
of
all
obligations
to
the
claimant.
4
Sec.
47.
Section
203D.1,
Code
2025,
is
amended
by
adding
the
5
following
new
subsections:
6
NEW
SUBSECTION
.
8A.
“Indemnity
fees”
or
“fees”
means
a
7
participation
fee
and
per-bushel
fee
as
provided
in
sections
8
203D.3
and
203D.3A.
9
NEW
SUBSECTION
.
14A.
“Repayment
loss”
means
the
amount
10
of
a
repayment
claim
held
by
a
seller
for
purchased
grain
11
that
the
seller
had
paid
back
or
is
required
to
pay
back
to
12
a
grain
dealer’s
bankruptcy
estate,
pursuant
to
an
order
13
issued,
judgment
entered,
settlement
agreement
approved,
or
14
reorganization
plan
approved
by
a
bankruptcy
court,
and
which
15
amount
has
not
been
subsequently
recovered
through
other
legal
16
or
equitable
remedies
including
the
liquidation
of
assets.
17
Sec.
48.
Section
203D.3,
subsections
1
and
4,
Code
2025,
are
18
amended
to
read
as
follows:
19
1.
The
grain
depositors
and
sellers
indemnity
fund
is
20
created
in
the
state
treasury
as
a
separate
account.
The
21
general
fund
of
the
state
is
not
liable
for
claims
presented
22
against
the
fund
under
section
203D.6
or
203D.6A
.
23
4.
The
moneys
collected
under
this
section
and
deposited
in
24
the
fund
shall
be
used
exclusively
to
indemnify
depositors
and
25
sellers
as
provided
in
section
203D.6
or
203D.6A
and
to
pay
the
26
administrative
costs
of
this
chapter
.
27
Sec.
49.
Section
203D.3A,
unnumbered
paragraph
1,
Code
28
2025,
is
amended
to
read
as
follows:
29
The
department
shall
collect
indemnity
fees
,
including
30
participation
fees
and
per-bushel
fees
as
provided
in
this
31
section
,
if
established
imposed
by
the
board
pursuant
to
32
section
203D.5
,
at
rates
determined
by
the
board
as
provided
33
in
that
section.
A
person
required
to
pay
a
fee
shall
use
34
licensee
shall
remit
indemnity
fees
and
forms
and
deliver
the
35
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47
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payment
to
the
department
as
required
by
the
department.
1
Sec.
50.
Section
203D.3A,
subsection
1,
paragraph
a,
2
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
3
(1)
In
calculating
the
amount
of
the
initial
participation
4
fee,
an
applicant
for
a
new
license
shall
be
deemed
a
licensee
5
paying
remitting
the
full
annual
amount
of
the
participation
6
fee
owing
on
the
licensee’s
first
anniversary
date
as
provided
7
in
paragraph
“b”
.
The
department
must
be
satisfied
that
the
8
applicant
is
calculating
the
amount
due
in
good
faith
and
using
9
the
best
information
available.
10
(a)
For
a
licensed
grain
dealer,
the
anniversary
date
is
11
the
last
date
to
apply
for
the
renewal
of
the
grain
dealer’s
12
license
before
the
license
expires
as
provided
in
section
13
203.5.
14
(b)
For
a
licensed
warehouse
operator,
the
anniversary
date
15
is
the
last
date
to
apply
for
the
renewal
of
the
warehouse
16
operator’s
license
before
the
license
expires
as
provided
in
17
section
203C.37.
18
Sec.
51.
Section
203D.3A,
subsection
1,
paragraph
b,
Code
19
2025,
is
amended
to
read
as
follows:
20
b.
A
licensee
shall
pay
remit
a
participation
fee
in
one
21
installment
as
part
of
a
license
renewal
application
in
the
22
same
manner
provided
in
paragraph
“a”
.
However,
the
licensee
23
may
elect
to
remit
the
participation
fee
on
four
successive
24
installment
dates,
with
each
installment
date
occurring
on
in
25
the
month
succeeding
the
last
date
of
the
fund’s
assessment
26
quarter
as
provided
in
section
203D.3
,
on
December
15,
March
27
15,
June
15,
and
September
15
.
The
licensee
shall
pay
remit
28
twenty-five
percent
of
the
total
participation
fee
assessed
on
29
each
installment
date.
However,
nothing
in
this
subsection
30
prevents
a
licensee
from
paying
the
participation
fee
on
an
31
accelerated
basis.
A
licensee
shall
pay
the
first
installment
32
on
the
last
date
of
the
fund’s
assessment
quarter
immediately
33
following
the
licensee’s
anniversary
date.
34
(1)
For
a
licensed
grain
dealer,
the
anniversary
date
is
35
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the
last
date
to
apply
for
the
renewal
of
the
grain
dealer’s
1
license
before
the
license
expires
as
provided
in
section
2
203.5
.
3
(2)
For
a
licensed
warehouse
operator,
the
anniversary
date
4
is
the
last
date
to
apply
for
the
renewal
of
the
warehouse
5
operator’s
license
before
the
license
expires
as
provided
in
6
section
203C.37
.
7
Sec.
52.
Section
203D.3A,
subsection
2,
Code
2025,
is
8
amended
to
read
as
follows:
9
2.
a.
A
licensed
grain
dealer
shall
remit
a
per-bushel
fee
10
shall
be
assessed
on
all
purchased
grain.
11
b.
The
licensed
grain
dealer
shall
forward
remit
the
12
per-bushel
fee
to
the
department
on
a
quarterly
basis
in
the
13
manner
and
using
the
forms
a
form
prescribed
by
the
department.
14
The
licensed
grain
dealer
shall
remit
the
per-bushel
fee
15
and
form
on
four
successive
installment
dates,
with
each
16
installment
date
occurring
in
the
month
succeeding
the
last
17
assessment
quarter
as
provided
in
section
203D.3,
on
December
18
15,
March
15,
June
15,
and
September
15.
19
c.
A
licensee
licensed
grain
dealer
is
delinquent
if
the
20
licensee
grain
dealer
fails
to
submit
remit
the
full
quarterly
21
per-bushel
fee
or
quarterly
forms
and
form
when
due
or
if,
22
upon
examination,
an
underpayment
of
the
fee
is
found
by
the
23
department.
The
licensed
grain
dealer
is
subject
to
a
penalty
24
of
ten
dollars
for
each
day
the
licensed
grain
dealer
is
25
delinquent
or
an
amount
equal
to
the
amount
of
the
deficiency,
26
whichever
is
less.
However,
a
licensee
licensed
grain
dealer
27
who
fails
to
submit
remit
the
full
quarterly
per-bushel
fee
or
28
quarterly
forms
form
when
due
,
is
subject
to
a
minimum
payment
29
of
ten
dollars.
The
department
may
establish
and
apply
a
30
margin
of
error
in
determining
whether
a
licensed
grain
dealer
31
is
delinquent.
The
per-bushel
fee
shall
be
collected
only
once
32
on
each
bushel
of
grain.
33
c.
d.
The
per-bushel
fee
shall
not
be
collected
more
34
than
once
on
each
bushel
of
grain.
A
licensed
grain
dealer
35
-35-
LSB
1411HV
(1)
91
da/ns
35/
47
H.F.
799
may
choose
to
pass
on
the
cost
of
a
per-bushel
fee
to
the
1
sellers
by
an
itemized
discount
noted
on
the
settlement
sheet.
2
However,
if
the
per-bushel
fee
is
not
in
effect,
no
a
licensed
3
grain
dealer
shall
not
make
such
a
discount
on
the
purchase
of
4
grain.
A
discount
made
nominally
for
the
per-bushel
fee
while
5
the
per-bushel
fee
is
not
in
effect
is
grounds
for
a
license
6
suspension
or
revocation
under
chapter
203
.
7
Sec.
53.
Section
203D.5,
subsection
1,
unnumbered
paragraph
8
1,
Code
2025,
is
amended
to
read
as
follows:
9
The
board
shall
annually
review
the
debits
of
and
credits
10
to
the
grain
depositors
and
sellers
indemnity
fund
created
11
in
section
203D.3
and
shall
determine
whether
to
impose
the
12
participation
fee
and
per-bushel
fee
as
provided
in
section
13
203D.3A
,
make
adjustments
to
the
indemnity
fees
effective
14
on
the
previous
September
1,
or
waive
the
indemnity
fees
as
15
necessary
to
comply
with
this
section
.
The
board
shall
make
16
the
determination
not
later
than
May
1
of
each
year.
The
17
board
shall
impose
the
indemnity
fees
or
adjust
the
indemnity
18
fees
effective
on
the
previous
September
1
in
accordance
with
19
chapter
17A
.
The
imposition
or
adjustment
of
the
indemnity
20
fees
shall
become
effective
as
follows:
21
Sec.
54.
Section
203D.6,
subsection
8,
Code
2025,
is
amended
22
to
read
as
follows:
23
8.
Payment
of
claims.
Upon
a
determination
that
the
claim
24
is
eligible
for
payment,
the
board
shall
provide
for
payment
of
25
ninety
percent
of
the
loss,
as
determined
under
subsection
5
,
26
but
not
more
than
three
hundred
thousand
dollars
per
claimant.
27
If
at
any
time
the
board
determines
that
there
are
insufficient
28
funds
moneys
to
make
payment
of
all
claims
under
this
section
29
and
all
repayment
claims
under
section
203D.6A
,
the
board
30
may
order
that
payment
be
deferred
on
specified
claims.
The
31
department,
upon
the
board’s
instruction,
shall
hold
those
the
32
claims
for
deferred
payment
until
the
board
determines
that
the
33
fund
again
contains
sufficient
assets.
34
Sec.
55.
NEW
SECTION
.
203D.6A
Repayment
claims
against
35
-36-
LSB
1411HV
(1)
91
da/ns
36/
47
H.F.
799
fund.
1
1.
A
separate
indemnity
claim
process
is
established
to
2
provide
for
the
indemnification
of
a
repayment
loss
incurred
by
3
a
seller
against
a
grain
dealer
who
is
a
debtor
in
bankruptcy
4
under
the
protections
provided
in
Tit.
11
of
the
United
States
5
Code.
6
a.
A
repayment
claim
shall
be
filed
with
the
department
in
7
the
manner
prescribed
by
the
department.
8
b.
A
seller
may
file
an
eligible
claim
for
a
loss
under
9
section
203D.6
and
an
eligible
repayment
claim
for
a
repayment
10
loss
under
this
section.
11
2.
To
be
timely,
a
seller
must
file
a
repayment
claim
with
12
the
department
not
later
than
thirty
days
after
the
repayment
13
loss
is
finalized
by
a
bankruptcy
court,
whether
by
an
order
14
issued,
judgment
entered,
settlement
agreement
approved,
or
15
reorganization
plan
approved
by
a
bankruptcy
court.
16
3.
The
department
may
provide
notice
of
the
repayment
claim
17
process
to
a
seller
that
may
become
or
has
become
subject
to
an
18
order
issued,
judgment
entered,
settlement
agreement
approved,
19
or
reorganization
plan
approved
by
a
bankruptcy
court
that
20
requires
the
seller
to
pay
back
amounts
previously
received
21
for
purchased
grain
in
the
bankruptcy
of
a
grain
dealer.
If
22
the
department
chooses
to
provide
a
notice
to
the
seller,
it
23
shall
have
discretion
to
determine
any
reasonable
method
and
24
manner
of
providing
such
notice.
A
failure
by
the
department
25
to
provide
a
notice
or
a
failure
by
a
seller
to
receive
a
notice
26
under
this
subsection,
does
not
relieve
the
seller
of
the
27
requirement
to
timely
file
a
repayment
claim.
28
4.
The
board
shall
determine
that
a
repayment
claim
is
29
eligible
for
payment
from
the
fund
if
the
board
finds
all
of
30
the
following:
31
a.
The
repayment
claim
was
timely
filed.
32
b.
The
repayment
claimant
qualifies
as
a
seller.
33
c.
The
repayment
claim
derives
from
a
covered
transaction.
34
For
purposes
of
this
paragraph,
a
claim
derives
from
a
covered
35
-37-
LSB
1411HV
(1)
91
da/ns
37/
47
H.F.
799
transaction
if
the
claimant
is
a
seller
who
transferred
title
1
to
purchased
grain
to
a
licensed
grain
dealer
other
than
by
2
credit-sale
contract
within
six
months
of
the
incurrence
date
3
as
provided
in
section
203D.6.
4
d.
The
seller
submits
adequate
proof
to
establish
the
5
repayment
claim
and
the
amount
of
the
repayment
loss.
6
e.
A
claim
has
not
been
paid
for
the
same
repayment
loss.
7
5.
A
seller
is
not
entitled
to
indemnify
a
claim
for
a
8
repayment
loss
if
the
repayment
loss
is
incurred
as
a
result
9
of
a
fraudulent
transfer
or
conveyance
in
the
bankruptcy
10
proceeding.
11
6.
The
dollar
value
of
a
repayment
claim
is
the
amount
a
12
seller
is
required
to
pay
back
that
was
previously
received
13
for
purchased
grain
as
a
result
of
an
order
issued,
judgment
14
entered,
or
settlement
agreement
approved
by
a
bankruptcy
15
court
and
which
has
not
been
recovered
through
other
legal
or
16
equitable
remedies
including
the
liquidation
of
assets.
17
7.
The
department
acting
on
behalf
of
the
board
shall
18
deliver
a
notice
to
a
seller
filing
a
claim
under
this
section.
19
The
notice
must
include
the
board’s
determination
of
the
20
seller’s
eligibility
and
the
value
of
the
seller’s
repayment
21
loss.
Within
twenty
days
of
delivering
the
notice,
the
seller
22
may
request
a
hearing
for
the
review
of
either
determination.
23
The
request
shall
be
made
in
the
manner
provided
by
the
24
board.
The
hearing
and
any
further
appeal
shall
be
conducted
25
as
a
contested
case
subject
to
chapter
17A.
A
seller
whose
26
repayment
claim
has
been
refused
by
the
board
may
appeal
the
27
refusal
to
either
the
district
court
of
Polk
county
or
the
28
district
court
of
the
county
in
which
the
seller
resides.
29
8.
Upon
a
determination
that
the
claim
is
eligible
for
30
indemnification,
the
board
shall
provide
for
payment
of
31
ninety
percent
of
the
repayment
loss,
as
determined
by
the
32
board,
but
not
more
than
three
hundred
thousand
dollars.
If
33
at
any
time
the
board
determines
that
there
are
insufficient
34
moneys
in
the
fund
to
make
payment
of
all
claims
under
section
35
-38-
LSB
1411HV
(1)
91
da/ns
38/
47
H.F.
799
203D.6
and
this
section,
the
board
may
order
that
payment
be
1
deferred
on
specified
claims.
The
department,
upon
the
board’s
2
instruction,
shall
hold
the
claims
for
deferred
payment
until
3
the
board
determines
that
the
fund
again
contains
sufficient
4
assets.
5
9.
In
the
event
of
the
payment
of
a
repayment
loss
under
6
this
section,
the
fund
is
subrogated
to
the
extent
of
the
7
amount
of
any
payments
to
all
rights,
powers,
privileges,
8
and
remedies
of
the
seller
against
any
person
regarding
9
the
repayment
loss.
The
seller
shall
render
all
necessary
10
assistance
to
the
department
and
the
board
in
securing
the
11
rights
granted
in
this
section.
No
action
or
claim
initiated
12
by
a
seller
and
pending
at
the
time
of
payment
from
the
fund
13
shall
be
compromised
or
settled
without
the
consent
of
the
14
board.
15
10.
a.
A
repayment
claim
shall
expire
if
five
years
after
16
the
board
determines
that
the
repayment
claim
is
eligible,
and
17
the
claimant
has
failed
to
do
any
of
the
following:
18
(1)
Provide
for
the
fund’s
subrogation
or
render
all
19
necessary
assistance
to
the
department
and
the
board
in
20
securing
the
department’s
rights
of
subrogation
as
required
in
21
this
section.
22
(2)
Provide
necessary
documentation
or
information
required
23
by
the
board
in
order
to
process
the
repayment
claim.
24
b.
The
fund
is
not
liable
for
the
payment
of
an
expired
25
repayment
claim.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
GENERAL.
This
bill
provides
for
the
administration
of
a
30
number
of
programs
and
regulations
relating
to
agriculture,
31
including
crop
production,
and
specifically
the
application
of
32
soil
inputs
such
as
fertilizers
and
soil
conditioners
(Code
33
chapters
200
and
200A)
and
pesticides
(Code
chapter
206);
34
animal
health,
and
specifically
the
control
of
infectious
or
35
-39-
LSB
1411HV
(1)
91
da/ns
39/
47
H.F.
799
contagious
diseases
afflicting
animals
(Code
chapter
163),
the
1
practice
of
veterinary
medicine
(Code
chapter
169),
and
the
2
court-ordered
management
of
livestock
in
immediate
need
of
3
sustenance
(Code
chapter
717);
agricultural
processing,
and
4
specifically
the
slaughter
and
processing
of
meat
and
poultry
5
products
(Code
chapter
189A);
and
the
marketing
of
grain
and
6
the
indemnification
of
losses
by
grain
depositors
and
sellers
7
(Code
chapters
203,
203C,
and
203D).
8
CROP
PRODUCTION
——
APPLICATION
OF
NUTRIENTS
——
BACKGROUND.
9
The
department
of
agriculture
and
land
stewardship
(DALS)
10
regulates
the
composition
of
soil
inputs,
including
nutrients
11
such
as
fertilizers
which
are
manufactured
to
achieve
optimum
12
plant
growth
under
the
Iowa
fertilizer
law
(Code
section
13
200.1),
which
includes
a
number
of
definitions
(Code
section
14
200.3).
DALS
also
regulates
fertilizing
material
which
is
15
a
substance
used
to
compound
a
fertilizer,
and
a
commercial
16
fertilizer
which
refers
to
a
fertilizer,
fertilizing
material,
17
and
a
fertilizer-pesticide
mixture.
A
secondary
input
is
18
referred
to
as
a
soil
conditioner
which
is
a
substance
other
19
than
a
fertilizer
that
improves
the
condition
or
structure
20
of
the
soil
and
is
also
used
to
improve
plant
growth.
DALS
21
licenses
persons
who
manufacture,
offer
for
sale,
sell,
or
22
distribute
a
fertilizer
or
soil
conditioner.
The
person
is
23
also
subject
to
a
license
fee
(Code
section
200.4).
Each
brand
24
or
grade
of
commercial
fertilizer
or
soil
conditioner
must
25
be
registered
with
DALS
(Code
section
200.5).
A
fertilizer
26
or
soil
conditioner
is
subject
to
label
requirements
(Code
27
section
200.6).
DALS
imposes
an
inspection
fee
upon
a
28
licensee
(Code
section
200.8).
DALS
must
sample,
inspect,
29
make
analysis
of,
and
test
a
commercial
fertilizer
or
soil
30
conditioner
distributed
within
the
state
(Code
section
200.10).
31
A
person
is
prohibited
from
manufacturing,
offering
for
sale,
32
or
selling
a
commercial
fertilizer
or
soil
conditioner
that
33
is
injurious
to
crop
growth
or
deleterious
to
the
soil
(Code
34
section
200.11).
A
person
selling
a
commercial
fertilizer
35
-40-
LSB
1411HV
(1)
91
da/ns
40/
47
H.F.
799
or
soil
conditioner
must
identify
substances
promoting
1
its
use
in
a
manner
that
is
not
deceptive
(Code
section
2
200.12).
DALS
must
adopt
rules
regulating
equipment
used
3
in
storing,
handling,
and
transporting
fertilizers
and
soil
4
conditioners
(Code
section
200.14).
DALS
is
authorized
to
5
take
administrative
action
against
a
licensee
or
registrant
6
acting
in
violation
of
the
law,
including
by
canceling
the
7
license
or
registration
(Code
section
200.15),
issuing
a
stop
8
order
(Code
section
200.16),
or
seizing
a
commercial
fertilizer
9
or
soil
conditioner
(Code
section
200.17).
A
county,
city,
10
or
other
political
subdivision
is
prohibited
from
passing
or
11
enforcing
local
legislation
that
regulates
the
use,
sale,
12
distribution,
storage,
transportation,
disposal,
formulation,
13
labeling,
registration,
or
manufacture
of
a
fertilizer
or
soil
14
conditioner
(Code
section
200.22).
A
person
registering
a
15
pesticide
must
account
for
formulations
of
a
fertilizer
(Code
16
section
206.12).
A
number
of
Code
sections
include
a
reference
17
to
soil
conditioners:
the
definition
of
agricultural
land
18
for
purposes
of
eminent
domain
(Code
section
6A.21)
and
urban
19
renewal
(Code
section
403.17)
each
include
such
a
reference.
20
A
transportation
regulation
involving
hazardous
materials
21
includes
soil
conditioners
(Code
section
321.1).
A
commodity
22
production
contract
lien
(Code
section
579B.1)
covers
the
use
23
of
a
soil
conditioner.
An
exception
to
the
criminal
offense
24
of
critical
infrastructure
sabotage
includes
the
use
of
a
soil
25
conditioner
(Code
section
716.11).
26
CROP
PRODUCTION
——
APPLICATION
OF
NUTRIENTS
——
BILL.
The
27
bill
replaces
the
term
soil
conditioner
with
beneficial
28
substance
which
is
defined
as
a
substance
or
compound
that
is
29
beneficial
to
one
or
more
species
of
plants,
soil,
or
media.
30
It
includes
a
plant
amendment,
plant
biostimulant,
plant
31
inoculant,
soil-amending
ingredient,
soil-amending
form,
soil
32
amendment,
and
soil
inoculant.
The
bill
changes
references
to
33
the
state
chemist
to
the
bureau
chief
of
the
Iowa
laboratory
34
bureau
(Code
sections
190C.22
and
200.10).
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APPLICATION
OF
PESTICIDES
——
CERTIFICATION
——
BACKGROUND.
1
DALS
is
responsible
for
the
administration
and
enforcement
of
2
the
“Pesticide
Act
of
Iowa”
(Code
chapter
206),
which
in
part
3
regulates
the
use
of
a
pesticide
by
a
commercial
applicator,
4
public
applicator,
or
private
applicator
(Code
section
206.2).
5
Generally,
a
person
acting
as
a
commercial
applicator
or
public
6
applicator
must
be
certified
to
apply
any
pesticide,
and
a
7
person
acting
as
a
commercial
applicator,
public
applicator,
8
or
private
applicator
(e.g.,
a
farmer)
must
be
certified
to
9
apply
a
restricted
use
pesticide
(Code
section
206.5).
The
10
designation
“restricted
use”
is
determined
by
DALS
(Code
11
section
206.20)
and
is
generally
based
on
a
pesticide
so
12
classified
by
the
United
States
environmental
protection
agency
13
(40
C.F.R.
§152.160
et
seq.).
DALS
is
required
to
administer
14
an
educational
program
in
cooperation
with
the
Iowa
cooperative
15
extension
service
in
agriculture
and
home
economics
of
Iowa
16
state
university
of
science
and
technology.
In
order
to
be
17
certified,
a
person
must
participate
in
the
educational
program
18
by
passing
an
examination
for
an
initial
certification
and
pass
19
an
examination
or
attend
instructional
hours
every
three
years
20
for
the
renewal
of
the
certification
(Code
section
206.5).
21
APPLICATION
OF
PESTICIDES
——
CERTIFICATION
——
BILL.
The
22
bill
removes
a
requirement
that
DALS
adopt
by
rule
criteria
23
allowing
a
person
required
to
be
certified
to
complete
either
a
24
written
or
oral
examination.
The
bill
provides
that
DALS
has
25
discretion
to
adopt
such
rules.
26
ANIMAL
HEALTH
——
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
27
DISEASES
AFFLICTING
ANIMALS
——
BACKGROUND.
DALS
is
granted
28
authority
to
provide
for
the
health
of
animals
and
specifically
29
the
control
of
an
infectious
or
contagious
disease
(disease)
30
afflicting
livestock
populations
(Code
chapter
163).
The
term
31
“control”
refers
to
prevention,
suppression,
or
eradication
32
efforts
(Code
section
163.2).
33
ANIMAL
HEALTH
——
CONTROL
OF
INFECTIOUS
OR
CONTAGIOUS
34
DISEASES
AFFLICTING
ANIMALS
——
BILL.
The
bill
provides
that
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DALS
may
determine
and
employ
the
most
efficient
and
practical
1
means
to
identify
and
control
a
possible,
imminent,
or
actual
2
threat
to
an
animal
population
caused
by
a
disease.
3
The
bill
provides
that
DALS
may
adopt
any
necessary
rules
4
for
the
control
of
an
infectious
disease
affecting
animals
5
within
the
state
by
emergency
rulemaking.
When
a
statute
6
authorizes
emergency
rulemaking,
an
agency
may
adopt
a
rule
7
immediately
without
going
through
the
periods
of
the
rulemaking
8
process
known
as
regulatory
analysis
(Code
section
17A.4A)
9
and
notice
of
intended
action
(Code
section
17A.4(3)).
The
10
bill
requires
that
such
emergency
rulemaking
be
“double
11
barreled”.
Under
the
process
known
as
double-barreled
12
rulemaking,
when
an
agency
files
an
emergency
rule,
it
also
13
files
the
same
rule
as
a
notice
of
intended
action
that
will
14
follow
the
regular
rulemaking
process.
Normally,
a
rule
15
cannot
be
effective
prior
to
35
days
after
its
filing
with
the
16
administrative
rules
coordinator
and
publication
in
the
Iowa
17
administrative
bulletin.
Under
emergency
rulemaking,
a
rule
18
can
be
made
effective
on
the
date
of
filing
and
acceptance
19
by
the
administrative
rules
coordinator
or
any
subsequent
20
date,
as
specified
by
the
agency
in
the
filing
(Code
section
21
17A.5(2)(b)(1)).
22
ANIMAL
HEALTH
——
PRACTICE
OF
VETERINARY
MEDICINE
——
23
BACKGROUND.
Veterinarians
are
regulated
by
the
board
of
24
veterinary
medicine
(veterinary
board)
which
is
responsible
25
for
licensing
and
imposing
disciplinary
action,
including
the
26
suspension
or
revocation
of
a
license
for
cause
following
a
27
notice
and
hearing
before
the
veterinary
board.
The
basis
for
28
disciplinary
action
includes
making
a
false
representation,
29
being
convicted
of
a
felony
in
Iowa
or
another
jurisdiction,
30
violating
a
statute
or
law
of
Iowa
or
another
jurisdiction,
31
being
subject
to
disciplinary
action
in
another
state,
32
assisting
in
the
unlawful
practice
of
veterinary
medicine,
33
being
adjudged
as
mentally
incompetent,
failing
to
conform
34
with
an
acceptable
practice
of
veterinary
medicine,
and
being
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unable
to
practice
veterinary
medicine
with
reasonable
skill
1
and
safety
(amended
Code
section
169.13).
2
ANIMAL
HEALTH
——
PRACTICE
OF
VETERINARY
MEDICINE
——
BILL.
3
The
bill
provides
that,
in
addition
to
imposing
disciplinary
4
action,
the
veterinary
board
may
assess
a
civil
penalty.
5
The
amount
of
the
civil
penalty
cannot
exceed
$10,000
per
6
violation.
The
attorney
general
may
initiate
a
claim
to
7
collect
a
civil
penalty
and
any
amount
collected
must
be
8
deposited
in
the
general
fund
of
the
state.
9
ANIMAL
HEALTH
——
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
10
IN
IMMEDIATE
NEED
OF
SUSTENANCE
——
BACKGROUND.
DALS
is
11
granted
the
authority
to
petition
a
court
to
conduct
a
hearing
12
regarding
the
condition
of
livestock.
If
the
court
determines
13
that
the
livestock
are
in
immediate
need
of
sustenance,
it
14
must
issue
an
order
directing
DALS
to
assume
supervision
of
15
the
livestock
(Code
section
717.3).
The
order
creates
a
16
super-priority
lien
attached
to
the
livestock,
proceeds
from
17
the
sale
of
livestock,
and
any
associated
unmanufactured
18
products,
for
the
benefit
of
DALS.
DALS
may
also
petition
19
a
court
to
order
the
disposition
of
the
specified
livestock.
20
The
proceeds
from
the
sale
of
the
livestock
are
to
be
used
to
21
reimburse
DALS
according
to
the
lien’s
super-priority
status.
22
DALS
may
also
utilize
moneys
deposited
in
the
livestock
23
remediation
fund
(remediation
fund)
(Code
section
459.501)
24
to
pay
for
costs
of
providing
for
sustenance
to
livestock
as
25
provided
in
the
court
order
(Code
section
717.4A).
26
ANIMAL
HEALTH
——
COURT-ORDERED
MANAGEMENT
OF
LIVESTOCK
27
IN
IMMEDIATE
NEED
OF
SUSTENANCE
——
BILL.
The
bill
rewrites
28
a
provision
requiring
DALS
to
repay
the
remediation
fund
29
any
proceeds
that
DALS
receives
from
the
disposition
of
the
30
livestock
less
expenses
in
providing
for
the
sustenance
and
31
disposition.
The
bill
provides
that
if
the
court
orders
the
32
disposition
of
the
livestock,
the
order
shall
be
deemed
as
33
acting
in
response
to
a
petition
by
a
receiver
appointed
by
a
34
court
in
Code
chapter
680.
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AGRICULTURAL
PROCESSING
——
SLAUGHTER
AND
PROCESSING
OF
MEAT
1
AND
POULTRY
PRODUCTS
——
LICENSURE
——
BILL.
The
bill
provides
2
that
a
home
food
processing
establishment
licensed
by
the
3
department
of
inspections,
appeals,
and
licensing
is
exempt
4
from
DALS
licensing
requirements
(Code
chapter
137D).
A
home
5
food
processing
establishment
refers
to
a
residence
in
which
6
homemade
food
items
are
produced
for
sale,
if
consumption
is
7
off
premises
and
its
business
has
gross
annual
sales
of
less
8
than
$50,000
(Code
section
137D.1).
The
bill
also
provides
9
that
the
term
of
a
license
issued
by
DALS
to
a
slaughter
and
10
processing
establishment
is
extended
to
a
two-year
period
(from
11
July
1,
2025,
to
June
30,
2027).
The
licensee
fee
is
doubled
12
from
$25
to
$50
and
from
$50
to
$100
to
reflect
the
license’s
13
biennial
term.
DALS
is
required
to
prorate
the
license
fee
14
for
a
new
establishment.
The
bill
makes
various
changes
in
15
terminology
to
improve
readability.
16
AGRICULTURAL
MARKETING
——
MARKETING
OF
GRAIN
AND
17
INDEMNIFICATION
OF
LOSSES
——
BACKGROUND.
DALS
licenses
and
18
regulates
grain
dealers
(dealers)
and
warehouse
operators
19
(operators)
(Code
chapters
203
and
203C).
Both
dealers
and
20
operators
may
be
required
to
pay
fees
into
the
grain
depositors
21
and
sellers
indemnity
fund
(indemnity
fund)
for
purposes
of
22
indemnifying
losses
incurred
by
sellers
and
depositors
as
23
part
of
a
transaction
(Code
chapter
203D).
A
participation
24
fee
is
assessed
against
a
dealer
based
on
purchased
grain
25
during
the
dealer’s
last
fiscal
year
and
against
an
operator
26
based
on
warehouse
storage
capacity.
In
addition,
a
dealer
27
may
be
assessed
a
per-bushel
fee
on
a
quarterly
basis.
The
28
assessment
year
in
which
a
participation
fee
and
per-bushel
fee
29
is
assessed
is
from
September
1
to
August
31.
The
assessment
30
year
is
divided
into
four
three-month
quarters.
The
last
date
31
of
the
quarter
is
referred
to
as
an
installment
date
which
32
is
when
a
quarterly
participation
payment
is
due.
The
fees
33
are
deposited
in
the
indemnity
fund.
When
the
balance
in
the
34
fund
reaches
$8
million,
the
participation
fee
and
per-bushel
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fees
are
automatically
waived.
The
fees
are
reinstated
if
the
1
balance
in
the
fund
reaches
$3
million
or
less
(Code
section
2
203D.5).
3
The
indemnity
fund
is
established
as
an
insurance
pool
to
4
pay
a
depositor
who
has
stored
grain
with
a
licensed
warehouse
5
operator
for
a
loss
resulting
from
the
depositor’s
right
to
6
receive
possession
of
the
grain,
and
a
seller
who
sells
grain
7
to
a
licensed
grain
dealer
for
a
loss
resulting
from
a
failure
8
to
receive
payment
for
that
grain
(Code
section
203D.6).
The
9
indemnity
fund
is
administered
by
the
Iowa
grain
indemnity
10
fund
board
(indemnity
board)
in
cooperation
with
DALS.
A
11
depositor
or
seller
must
file
a
claim
against
the
indemnity
12
fund
within
120
days
of
an
incurrence
date
which
is
the
date
13
that
the
license
of
the
operator
or
dealer
ceases
to
be
valid
14
(e.g.,
by
revocation)
or
the
date
that
an
operator
or
dealer
15
files
a
petition
in
bankruptcy.
The
claim
must
derive
from
16
a
covered
transaction,
meaning
that
the
claimant
who
is
a
17
depositor
must
have
delivered
the
grain
to
an
operator
or
a
18
claimant
who
is
a
seller
must
have
transferred
title
to
the
19
grain
to
a
dealer
other
than
by
credit-sale
contract
within
20
six
months
of
the
incurrence
date.
A
credit-sale
contract
is
21
a
contract
for
the
sale
of
grain
if
the
sale
price
for
that
22
grain
is
to
be
paid
more
than
30
days
after
the
delivery
of
23
the
grain
to
the
buyer
(also
referred
to
as
a
deferred-payment
24
contract,
deferred-pricing
contract,
and
price-later
contract).
25
A
depositor
or
seller
who
timely
files
an
eligible
claim
is
26
entitled
to
be
paid
from
the
indemnity
fund
for
90
percent
27
of
a
loss
up
to
$300,000.
If
the
indemnity
board
determines
28
that
there
are
insufficient
moneys
in
the
indemnity
fund
to
29
make
payment
on
all
claims,
the
indemnity
board
may
order
that
30
payment
on
specified
claims
be
deferred.
Other
procedures
that
31
apply
include
a
right
to
appeal
the
indemnity
board’s
decision,
32
subrogation
rights,
and
a
five-year
expiration
period
for
33
unresolved
claims.
34
AGRICULTURAL
MARKETING
——
MARKETING
OF
GRAIN
AND
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INDEMNIFICATION
OF
LOSSES
——
FEES
——
BILL.
The
bill
provides
1
that
a
dealer
or
operator
may
remit
the
participation
fee
in
2
one
installment
as
part
of
the
license
renewal
or
on
four
3
successive
installment
dates
on
December
15,
March
15,
June
15,
4
and
September
15.
The
bill
provides
that
the
dealer
may
pay
5
the
per-bushel
fee
on
the
same
installment
dates.
6
AGRICULTURAL
MARKETING
——
MARKETING
OF
GRAIN
AND
7
INDEMNIFICATION
OF
LOSSES
——
REPAYMENT
CLAIMS
——
BILL.
The
8
bill
allows
a
seller
to
file
a
special
repayment
claim
against
9
the
fund
as
a
result
of
the
grain
dealer’s
bankruptcy.
The
10
special
repayment
process
allows
such
a
seller
to
recover
11
the
amount
of
the
grain
dealer
payment
that
the
seller
was
12
forced
to
repay
to
the
grain
dealer’s
bankruptcy
estate.
To
13
be
timely,
a
seller
must
file
a
repayment
claim
with
DALS
not
14
later
than
30
days
after
the
repayment
loss
is
finalized
by
a
15
bankruptcy
court.
DALS
may
provide
notice
of
the
repayment
16
claim
process
to
a
seller
who
may
file
a
repayment
claim.
17
If
DALS
chooses
to
provide
a
notice
to
the
seller,
DALS
has
18
discretion
to
determine
a
reasonable
method
and
manner
of
19
providing
such
notice.
The
indemnity
board
must
determine
that
20
a
repayment
claim
is
eligible
for
payment
from
the
indemnity
21
fund,
including
whether
the
repayment
claim
derives
from
a
22
covered
transaction.
DALS
is
required
to
deliver
notice
to
23
a
seller
filing
a
repayment
claim
regarding
the
indemnity
24
board’s
determination
in
the
same
manner
as
for
an
ordinary
25
loss.
Like
an
ordinary
loss,
the
seller
is
entitled
to
receive
26
90
percent
of
a
loss
but
not
more
than
$300,000,
a
deferral
of
27
payments
based
on
insufficient
moneys
in
the
indemnity
fund,
28
subrogation,
and
a
five-year
expiration
period.
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